Yan Liu v. Loretta E. Lynch , 635 F. App'x 382 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 3 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
YAN LIU, No. 14-70038
Petitioner, Agency No. A099-735-233
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
Yan Liu, native and a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s decision denying his application for asylum and withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the agency’s factual findings, applying the standards governing adverse credibility
determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034,
1039-40 (9th Cir. 2010). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on the omission of Liu’s 2005 detention from his original asylum application
and declaration, and his inconsistent testimony regarding the 2005 detention. See
id. at 1048 (adverse credibility determination was reasonable under the “totality of
circumstances”); see also Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir. 2011)
(“Material alterations in the applicant’s account of persecution are sufficient to
support an adverse credibility finding.”). Liu’s explanations do not compel the
contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the
absence of credible testimony, Liu’s asylum and withholding of removal claims
fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
2 14-70038