Hongxin Liu v. William Barr


FILED NOT FOR PUBLICATION JUL 8 2020 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HONGXIN LIU; SHENGYANG LI, No. 18-71424 Petitioners, Agency Nos. A206-659-444 A206-659-445 v. WILLIAM P. BARR, Attorney General, MEMORANDUM* Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 6, 2020** Before: SCHROEDER, HAWKINS, and GRABER, Circuit Judges. Petitioners Hongxin Liu and Shenyang Li petition for review of the Board of Immigration Appeal’s (BIA) order dismissing the immigration judge’s (IJ’s) denial of their applications for asylum, withholding of removal, and protection under the * 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). Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition. The IJ and BIA did not err in concluding that Petitioners failed to establish eligibility for asylum or withholding, because substantial evidence supports the IJ’s adverse credibility determination. Petitioners often contradicted each other on events that were central to their applications for asylum and withholding. For example, Liu and Li testified inconsistently about whether Li was at their home when Liu was removed by state officials, and about whether they visited their young son after they went into hiding. The record therefore does not compel a finding that Petitioners are credible. The IJ also concluded that Petitioners were not eligible for relief under CAT, and Petitioners have not challenged that determination. Petitioners have therefore waived their CAT claim. See Cruz v. Int’l Collection Corp., 673 F.3d 991, 998 (9th Cir. 2012) (“We review only issues which are argued specifically and distinctly in a party's opening brief.” (internal quotation marks omitted)). PETITION DENIED. 2 18-71424 Court of Appeals for the Ninth Circuit ca9 9th Cir. Hongxin Liu v. William Barr 8 July 2020 Agency Unpublished 0c078a58c1ac05a101f9e91d9c25be29c2be9949

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