FILED
NOT FOR PUBLICATION JAN 26 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
YEN HE, AKA Yan He, No. 13-72362
Petitioner, Agency No. A088-018-013
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges
Yen He, 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 asylum and 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).
agency’s factual findings, applying the standards governing adverse credibility
determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034,
1039-40 (9th Cir. 2010). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on the inconsistencies regarding whether He’s parents were Christian and
regarding He’s arrest in China. See id. at 1048 (adverse credibility determination
reasonable under the totality of the circumstances); see also Li v. Ashcroft, 378
F.3d 959, 963 (9th Cir. 2004) (holding substantial evidence supported adverse
credibility finding based on material discrepancies between airport interview and
in-court testimony). We reject He’s arguments that the credible fear interview
notes are unreliable in this instance. See Li, 378 F.3d at 963. In the absence of
credible testimony, He’s asylum and withholding of removal claims fail. See
Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
The 90-day stay of proceedings that began on January 28, 2015, has expired.
Respondent’s motion to lift the stay is denied as moot.
PETITION FOR REVIEW DENIED.
2 13-72362