FILED
NOT FOR PUBLICATION JUN 14 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JIAXING CHEN, No. 11-72091
Petitioner, Agency No. A079-521-288
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 10, 2013 **
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judge.
Jiaxing 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 application for asylum and withholding of removal. Our
jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence
*
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).
factual findings, Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir. 2008), and we
deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on the inconsistencies in Chen’s testimony regarding his mistreatment while
in detention, and how he obtained a Bible after he was released. See Rivera v.
Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007) (inconsistencies regarding details of
incident that went to the heart of the claim deprived the claim of “the ring of
truth”). In the absence of credible testimony, Chen’s asylum and withholding of
removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
2 11-72091