Fen Cheng CHEN, Petitioner, v. William P. BARR, Attorney General, Respondent.
Decided: September 10, 2020
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
Gary J. Yerman, Esquire, The Yerman Group, LLC, New York, NY, for Petitioner Alexander Jacob Lutz, U.S. Department of Justice, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Anthony Cardozo Payne, Senior Litigation Counsel, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent
Fen Cheng 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 applications for asylum and withholding of removal. 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 inconsistent testimony regarding Chen's travel to the United States. See id. at 1048 (adverse credibility determination reasonable under “the totality of circumstances”). Chen's explanation does not compel a contrary conclusion. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Thus, in the absence of credible testimony, in this case, we deny the petition for review as to Chen's asylum and withholding of removal claims.
In light of this disposition, we do not reach Chen's arguments concerning the merits of his claims. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to decide issues unnecessary to the results they reach).
As stated in the court's September 10, 2015 order, the temporary stay of removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DENIED.
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