Huicong Liang v. Eric Holder, Jr.

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT APR 11 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS HUICONG LIANG, No. 12-72812 Petitioner, Agency No. A087-819-343 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 7, 2014** Before: TASHIMA, GRABER, and IKUTA, Circuit Judges. Huicong Liang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence 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). Thus, we deny Liang’s request for oral argument. agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). We deny the petition for review. Substantial evidence supports the agency’s adverse credibility determination based on the inconsistency between Liang’s Mexican work visa, which was renewed in 2006, and his testimony that he fears Chinese officials in Mexico and has not returned to Mexico since 2003. See id. at 1046-47 (“Although inconsistencies no longer need to go to the heart of the petitioner’s claim, when an inconsistency is at the heart of the claim it doubtless is of great weight.”). The agency was not compelled to accept Liang’s explanation for this inconsistency. See Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir. 2011). In the absence of credible testimony, Liang’s withholding of removal claim fails. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). PETITION FOR REVIEW DENIED. 2 12-72812