Jiaxing Chen v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JIAXING CHEN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72091
Agency No. A079-521-288
MEMORANDUM*
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
FILED
JUN 14 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-72091 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.

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