Honglin Liu v. William Barr


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HONGLIN LIU, No. 18-72208 Petitioner, Agency No. A206-851-801 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 8, 2020** Honolulu, Hawaii Before: OWENS, FRIEDLAND, and R. NELSON, Circuit Judges. Honglin Liu, a native and citizen of China, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an order of an immigration judge (“IJ”) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Liu * 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). contends that he and his wife were harmed by the Chinese government’s enforcement of population control programs, including when his wife was forced to obtain an abortion in 1996 and then to be sterilized in 2001. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition. Substantial evidence supports the agency’s1 adverse credibility determination. Kin v. Holder, 595 F.3d 1050, 1054 (9th Cir. 2010) (explaining that, in applying the substantial evidence standard, “[w]e reverse the BIA’s decision only if the petitioner’s evidence was ‘so compelling that no reasonable factfinder could find that he was not credible’” (quoting Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003))). The record supports the agency’s finding that Liu falsely stated on his asylum application that he had not served in the Chinese military and failed to make a sufficiently timely correction to that application. See Li v. Holder, 738 F.3d 1160, 1163-67 (9th Cir. 2013) (explaining that the IJ and BIA may “disbelieve a witness’s entire testimony if the witness makes a material and conscious falsehood in one aspect of his testimony”). The record also supports the agency’s finding that there were inconsistent and implausible aspects of Liu’s testimony about the date of his marriage, the date of his marriage registration, and 1 “Where, as here, the [BIA] incorporates the IJ’s decision into its own without citing Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), this court will review the IJ’s decision to the extent incorporated.” Medina-Lara v. Holder, 771 F.3d 1106, 1111 (9th Cir. 2014). We refer to the BIA and the IJ collectively as “the agency.” 2 the dates and process through which he obtained household registrations for his family members. Because “we must uphold the IJ’s adverse credibility determination so long as even one basis is supported by substantial evidence,” and the evidence does not compel a conclusion contrary to the agency’s with respect to the grounds discussed above, we need not address the additional reasons the agency provided in support of its adverse credibility determination. Rizk v. ...

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