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XZAN HANG CAO v. WILKINSON (2021)

United States Court of Appeals, Ninth Circuit.2021-02-04No. No. 17-72192

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Opinion

MEMORANDUM **

Xzan-Hang Cao, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum. We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

The immigration judge (“IJ”) found Xzan-Hang Cao not credible, and the BIA concluded that the IJs finding was not clearly erroneous. Substantial evidence supports the adverse credibility determination based on inconsistencies in Xzan-Hang Caos testimony, credible fear interview, and asylum application concerning (i) how many times he was beaten by the police, (ii) whether he received medical attention after being beaten, (iii) whether he heard from the police after being released, and (iv) why his friend did not provide a supporting letter. See Lizhi Qiu v. Barr, 944 F.3d 837, 842 (9th Cir. 2019). The record supports the cited inconsistencies. See Shrestha v. Holder, 590 F.3d 1034, 1048 (9th Cir. 2010). Xzan-Hang Cao was given an opportunity to explain the inconsistencies but failed to adequately do so. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Therefore, without credible testimony, the BIA properly denied Xzan-Hang Caos claims for asylum. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION DENIED.