Lin v. Holder

FILED
NOT FOR PUBLICATION DEC 02 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HTIN LIN, No. 05-73547
Petitioner, Agency No. A079-594-596
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Htin Lin, a native and citizen of Myanmar, petitions for review of the Board
of Immigration Appeals’ order affirming an immigration judge’s decision denying
his application for asylum and withholding of removal. We have jurisdiction under
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
JW /Research
8 U.S.C. § 1252. We review for substantial evidence adverse credibility findings,
Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir. 2001), and we deny the petition
for review.
The agency found Lin not credible in part because of an inconsistency
regarding his membership in the All Burma Student Democratic Front. Because
this inconsistency goes to the heart of Lin’s claim, and the agency reasonably
rejected Lin’s proffered explanation for the inconsistency, substantial evidence
supports the adverse credibility determination. See Wang v. INS, 352 F.3d 1250,
1259 (9th Cir. 2003) (“So long as one of the identified grounds is supported by
substantial evidence and goes to the heart of [petitioner’s] claim of persecution, we
are bound to accept the [agency’s ] adverse credibility finding.”). Accordingly, in
the absence of credible testimony, Lin failed to establish eligibility for asylum and
withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.
2003).
PETITION FOR REVIEW DENIED.
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