Filed: Jul. 10, 2020
Latest Update: Jul. 10, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT YANQIU HOU, No. 15-70143 Petitioner, Agency No. A201-009-771 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 10, 2020** Before: THOMAS, Chief Judge, HAWKINS and McKEOWN, Circuit Judges. Yanqiu Hou, a native and citizen of China, petitions pro se for review of the B
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT YANQIU HOU, No. 15-70143 Petitioner, Agency No. A201-009-771 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 10, 2020** Before: THOMAS, Chief Judge, HAWKINS and McKEOWN, Circuit Judges. Yanqiu Hou, a native and citizen of China, petitions pro se for review of the Bo..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
YANQIU HOU, No. 15-70143
Petitioner, Agency No. A201-009-771
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 10, 2020**
Before: THOMAS, Chief Judge, HAWKINS and McKEOWN, Circuit Judges.
Yanqiu Hou, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s (“IJ”) decision denying her applications for asylum,
withholding of removal, and protection under the Convention Against Torture
*
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).
(“CAT”). 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 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 internal inconsistencies in Hou’s testimony; inconsistencies between
Hou’s testimony and her documentary evidence (such as business, medical, and
identity documents); and her demeanor.
Id. at 1044 (adverse credibility finding
must be based on the totality of the circumstances); Huang v. Holder,
744 F.3d
1149, 1153-54 (9th Cir. 2014) (an adverse credibility determination based on the
alien’s demeanor should be afforded special deference because such assessments
are often based on nonverbal cues and thus, the IJ is best suited to make demeanor
determinations). Hou’s explanations do not compel a contrary conclusion. See
Zamanov v. Holder,
649 F.3d 969, 974 (9th Cir. 2011) (agency not required to
accept explanations for inconsistencies). Hou also failed to provide reasonably
available corroborative evidence that she resided in California prior to November
2012. See Shrestha, 590 F3d. at 1047-48. In the absence of credible testimony,
Hou’s asylum and withholding of removal claims fail. See Farah v. Ashcroft,
348
F.3d 1153, 1156 (9th Cir. 2003).
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Substantial evidence also supports the agency’s denial of Hou’s CAT claim
because it was based on the same evidence found not credible, and Hou does not
point to any other evidence in the record that compels the conclusion that it is more
likely than not she would be tortured by or with the consent or acquiescence of the
government if returned to China. See
Shrestha, 590 F.3d at 1048-49.
To the extent Hou claims the IJ was biased and she was denied a full and fair
hearing, we lack jurisdiction to consider the claims because she didn’t raise them
before the BIA and they are the type of claimed due process violations that can be
corrected by the BIA. See 8 U.S.C. § 1252(d)(1); Sola v. Holder,
720 F.3d 1134,
1135-36 (9th Cir. 2013) (per curiam).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
3 15-70143