NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 2 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HUI LIN, No. 15-70705 Petitioner, Agency No. A089-114-553 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 30, 2021** Before: GRABER, FRIEDLAND, and BENNETT, Circuit Judges. Hui Lin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations under the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny the petition for review. The agency’s adverse credibility determination in this case is supported by substantial evidence, including the inconsistencies between Lin’s testimony and his declaration concerning the government’s responses to his children’s births, and his internally inconsistent testimony concerning the factory that he claims was destroyed. See Jiang v. Holder, 754 F.3d 733, 739 (9th Cir. 2014) (“[T]o overturn an IJ’s adverse credibility determination, we must find that ‘the evidence not only supports [a contrary] conclusion, but compels it.’” (second alteration in original) (quoting Rizk v. Holder, 629 F.3d 1083, 1087 (9th Cir. 2011))). In the absence of credible testimony, Lin’s claims for asylum and withholding of removal fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Substantial evidence also supports the agency’s denial of Lin’s claim for CAT protection because it was based on the same evidence that the agency found not credible, and Lin does not point to other evidence in the record that compels the conclusion that it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to China. See Shrestha, 590 F.3d at 1048-49. 2 15-70705 The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 3 15-70705 15-70705 Court of Appeals for the Ninth Circuit ca9 9th Cir. Hui Lin v. Merrick Garland 2 July 2021 Agency Unpublished 86811adf80e93a4e0568224e1fa11cc0814cc237
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals