Youfu Sui v. Eric Holder, Jr.

Good Law
537 F. App'x 747
United States Court of Appeals for the Ninth CircuitAugust 15, 201311-72859California408 words

Opinion

Opinion

MEMORANDUM

Petitioner Youfu Sui (“Sui”), a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) adverse credibility finding. We deny the petition because the evidence does not compel a contrary conclusion. Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir.2013).

Because Sui’s entire claim for persecution is based on a single arrest and detention, the details of that event are critical. See Kaur v. Gonzales, 418 F.3d 1061, 1067 (9th Cir.2005). Sui’s application described in detail a significant beating following the first interrogation, an event which he completely failed to mention in his direct testimony, despite being directly asked by counsel following a discussion of the first interrogation: “How did the police respond?” and “What did they do?” Moreover, the addition of new facts that enhance a persecution claim — such as being beaten with a belt and slashed on the wrist with a glass shard — is also generally suspect, particularly when, as here, the information is not provided until near the end of the applicant’s testimony. Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003); see…

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