Huang v. Holder, No. 09-72837 (9th Cir. 2014)
Annotate this CasePetitioner, a native and citizen of China, sought review of the denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The IJ found that petitioner's testimony was not credible where her demeanor undermined her credibility and her testimony was extremely superficial and could have easily been memorized. The IJ also concluded that petitioner's testimony was unpersuasive and not supported by reasonably obtainable corroborating evidence. Because the IJ's well-supported demeanor findings were entitled to special deference and the IJ appropriately considered the record as a whole and the totality of the circumstances, the court was not compelled to conclude that petitioner was credible. Therefore, the court deferred to the IJ's adverse credibility determination, and gave no weight to petitioner's testimony. The remaining evidence in the record did not compel the court to overturn the IJ's determination. Accordingly, the court denied the petition for review.
Court Description: Immigration. The panel denied a petition for review of the Board of Immigration Appeals’ denial of an application for asylum, withholding of removal, and protection under the Convention Against Torture. The panel held that the evidence did not compel the conclusion that petitioner was credible, where the IJ’s well- supported demeanor finding was entitled to special deference, and the IJ appropriately considered the record as a whole and the totality of the circumstances. The panel held that the remaining evidence in the record did not compel the conclusion that petitioner met her burden of proof for relief.
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