Ai Lin v. Loretta E. Lynch

FILED NOT FOR PUBLICATION FEB 23 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT AI QING LIN, No. 11-71579 Petitioner, Agency No. A088-132-280 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 12, 2016** Honolulu, Hawaii Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges. Ai Qing Lin petitions for review of the Board of Immigration Appeals’ (BIA) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition. * 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). The BIA upheld the IJ’s finding that Lin was not credible and denied Lin’s asylum and withholding of removal application for that reason. We affirm the BIA’s decision because the evidence does not “compel[] a contrary result.” Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013). The BIA correctly noted that “the respondent’s testimony is replete with inconsistencies.” For example, Lin testified to the asylum officer that he was detained for 15 days after a dispute with family planning officials. But he later testified to the IJ that the 15-day detention occurred when he was much younger and was for religious reasons. We also affirm the BIA’s decision to deem Lin’s application for relief under the Convention Against Torture waived. Lin previously withdrew that application. PETITION DENIED. 2