FILED
NOT FOR PUBLICATION MAY 18 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
YOU TAN LIN, No. 07-73396
Petitioner, Agency No. A079-399-644
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2011**
San Francisco, California
Before: W. FLETCHER and N.R. SMITH, Circuit Judges, and MILLS,
Senior District Judge.***
*
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 Honorable Richard Mills, Senior District Judge for the U.S.
District Court for Central Illinois, Springfield, sitting by designation.
Petitioner You Tan Lin petitions for review of the BIA’s adverse credibility
determination. We find that the BIA’s adverse credibility determination was
supported by substantial evidence. Monjaraz-Munoz v. INS, 327 F.3d 892, 895
(9th Cir. 2003).
Lin’s testimony was inconsistent regarding the extent and timing of his
Falun Gong practice. For instance, at his first asylum hearing, he testified that his
interest in Falun Gong was a reflection of his fleeting youthful curiosity and that he
stopped practicing Falun Gong after 1998, when he was asked for a membership
fee from his local Falun Gong group. At his second asylum hearing, however, he
testified that his commitment to Falun Gong was a matter of religious devotion,
and that he practiced almost continuously from 1998 to 2005. At his first asylum
hearing, Lin mentioned nothing about practicing Falun Gong after the Chinese
government prohibited the practice in 1999. At his second hearing, however, he
testified that he practiced Falun Gong in public after the practice was prohibited
and that he was chased out of a public park on one occasion. These inconsistencies
provided the BIA with substantial evidence to find that Lin was not credible.
While it is true that “an applicant may establish his case through his own
testimony alone,” Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir. 1997), “if the trier
of fact either does not believe the applicant or does not know what to believe, the
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applicant’s failure to corroborate his testimony can be fatal to his asylum
application,” Sidhu v. INS, 220 F.3d 1085, 1090 (9th Cir. 2000), citing 8 C.F.R. §
208.13. In this case, the BIA did not err in considering Lin’s lack of corroborating
evidence in determining that Lin’s testimony was not credible. Lin claimed to
have practiced Falun Gong in the Bay Area every weekend for several years.
However, he did not provide a letter from any of his fellow Bay Area practitioners.
Likewise, he did not bring any to testify at his asylum hearing. These witnesses
could have corroborated the extent of Lin’s alleged devotion to Falun Gong.
PETITION DENIED.
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