NOT FOR PUBLICATION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
Huicong Liang v. Eric Holder, Jr.
Combined Opinion