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Velasquez v. Holder

United States Court of Appeals, Ninth Circuit
Nov 1, 2010
402 F. App'x 249 (9th Cir. 2010)

Opinion

No. 07-74683.

Submitted October 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 1, 2010.

Ray Hellwig, Esquire, Law Offices of Ray Hellwig, Alhambra, CA, for Petitioner.

Trade Nicole Jones, Trial, OIL, Michelle Gorden Latour, Esquire, Assistant Director, U.S. Department of Justice, Washington, DC, Ronald E. LeFevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A096-362-786.

Before: O'SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Shaoyun Qu, a native and citizen of China, petitions for review of the Board of Immigration Appeals' 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 review for substantial evidence, Don v. Gonzales, 476 F.3d 738, 741 (9th Cir. 2007), and we deny the petition.

Substantial evidence supports the IJ's adverse credibility determination because the IJ made a specific and cogent demeanor finding, see Arulampalam v. Ashcroft, 353 F.3d 679, 686 (9th Cir. 2003), and be-cause the inconsistencies with respect to Qu's home address, as well as his admission that he fabricated this address on his asylum application, are material and go to the heart of his claims, see Don, 476 F.3d at 741-43. Further, because the IJ had reason to question Qu's credibility, Qu's failure to provide corroborating evidence undermines his claim. See Sidhu v. INS, 220 F.3d 1085, 1091-92 (9th Cir. 2000). Absent credible testimony, Qu's asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.


Summaries of

Velasquez v. Holder

United States Court of Appeals, Ninth Circuit
Nov 1, 2010
402 F. App'x 249 (9th Cir. 2010)
Case details for

Velasquez v. Holder

Case Details

Full title:SHAOYUN QU, Petitioner, v. Eric H. HOLDER, Jr., Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 1, 2010

Citations

402 F. App'x 249 (9th Cir. 2010)