An v. Holder, No. 13-1947 (8th Cir. 2014)
Annotate this CasePetitioner, a native and citizen of China, sought review of the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court upheld the IJ's adverse credibility determination based on the IJ's finding of numerous discrepancies including petitioner's evasiveness and non-responsive explanations, and lack of corroborating evidence. Further, the BIA's decision that petitioner was not eligible for asylum was supported by substantial evidence. Because the court upheld the agency's adverse credibility finding, petitioner could not prevail on his challenges to the IJ and BIA. Petitioner's asylum and withholding claims likewise failed, as they rested on his discredited testimony. Accordingly, the court denied the petition for review.
Court Description: Petition for Review - Immigration. The IJ's adverse credibility determination was supported by substantial evidence in the record; BIA's determination that petitioner was not entitled to asylum is also supported by substantial evidence; as petitioner could not establish his eligibility for asylum, he also failed to meet the higher burden of proof required to obtain withholding of removal; petitioner waived any CAT issues by failing to raise them in his petition for review.
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