Fen Xing Chen v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FEN XING CHEN,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-71112
Agency No. A087-610-379
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Fen Xing Chen, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for asylum and
withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We
* 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).
FILED
JUN 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.
The BIA found Chen not credible based on an inconsistency between his
testimony and application as to his continued practice of Falun Gong in China after
his arrest, the omission from his application that police had come to his home six
times after he left China, and the IJ’s negative demeanor finding. Substantial
evidence supports the BIA’s adverse credibility determination. See id. at 1048
(adverse credibility finding reasonable under the “totality of circumstances”). 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.

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