Likai Gao v. Barr, No. 18-358 (2d Cir. 2020)
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The Second Circuit denied a petition for review of the BIA's decision upholding the IJ's order of removal and denial of petitioner's applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Petitioner argues that he should be granted relief from removal because he faces religious persecution if removed to China.
The court identified no error in the denial of petitioner's claims where the agency's adverse credibility finding was supported by substantial evidence consisting of numerous testimonial inconsistencies and petitioner's evasive demeanor. Furthermore, the court rejected petitioner's argument that he satisfactorily explained the inconsistencies, because the explanations would not compel a reasonable factfinder to excuse the inconsistencies or credit petitioner's testimony.
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