FILED
NOT FOR PUBLICATION JUN 02 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JIAN HANG HUANG, No. 08-70657
Petitioner, Agency No. A094-787-863
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Jian Hang Huang, 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 and withholding of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
*
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).
evidence the agency’s factual findings, applying the standards governing adverse
credibility determinations created by the REAL ID Act. See Shrestha v. Holder,
590 F.3d 1034, 1039 (9th Cir. 2010). We deny the petition for review.
The IJ found Huang not credible for several reasons, including the omission
of material events from Huang’s asylum application, as well as an inconsistency
between Huang’s testimony that he had been sterilized and medical evidence
indicating Huang had not been sterilized. In light of these findings, substantial
evidence supports the IJ’s adverse credibility determination. See id. at 1040-44
(adverse credibility determination was reasonable under the Real ID Act’s “totality
of the circumstances”). In the absence of credible testimony, Huang’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
PETITION FOR REVIEW DENIED.
2 08-70657