FILED
NOT FOR PUBLICATION JUN 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
YU QUN HUANG, No. 09-72497
Petitioner, Agency No. A044-999-326
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Yu Qun Huang, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ order dismissing her appeal from an immigration
judge’s order finding Huang removable and denying her application under 8
U.S.C. § 1186a(c)(4)(B) for waiver of the joint filing requirement to remove the
*
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).
conditional basis of her lawful permanent resident status. We have jurisdiction
under 8 U.S.C. § 1252. We review for substantial evidence the agency’s denial of
the waiver, Oropeza-Wong v. Gonzales, 406 F.3d 1135, 1147 (9th Cir. 2005), and
we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility finding where
the record reveals several internal inconsistencies in Huang’s testimony regarding
her and her former spouse’s living arrangements, where her former spouse lived
after his surgery, and who cared for him during his convalescence. Because these
inconsistencies go to the heart of whether the marriage was entered into in good
faith, substantial evidence supports the denial of Huang’s waiver application. See
id. at 1148; 8 U.S.C. § 1186a(c)(4) (alien must demonstrate eligibility for said
waiver).
PETITION FOR REVIEW DENIED.
2 09-72497