NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FEN CHENG CHEN, No. 15-72613
Petitioner, Agency No. A200-829-624
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 8, 2020**
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
Fen Cheng Chen, 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 applications for asylum and withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
the agency’s factual findings, applying the standards governing adverse credibility
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 inconsistent testimony regarding Chen’s travel to the United States. See
id. at 1048 (adverse credibility determination reasonable under “the totality of
circumstances”). Chen’s explanation does not compel a contrary conclusion. See
Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Thus, in the absence of credible
testimony, in this case, we deny the petition for review as to Chen’s asylum and
withholding of removal claims.
In light of this disposition, we do not reach Chen’s arguments concerning the
merits of his claims. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004)
(courts and agencies are not required to decide issues unnecessary to the results
they reach).
As stated in the court’s September 10, 2015 order, the temporary stay of
removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DENIED.
2 15-72613