Jing Chen v. Eric Holder, Jr.

Good Law
537 F. App'x 765
United States Court of Appeals for the Ninth CircuitAugust 16, 201311-72333California406 words

Opinion

Opinion

MEMORANDUM

Jing Chen petitions for review of a decision of the Board of Immigration Appeals (“BIA”), affirming the immigration judge’s (“IJ”) denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility finding. See Don v. Gonzales, 476 F.3d 738, 741 (9th Cir. 2007) (adverse credibility findings are reviewed for substantial evidence and will be upheld unless the evidence compels a contrary result). Many of the adverse credibility findings were either not supported by the record or did not go to the heart of the claim.

However, the testimony and report of the forensic document examiner opining that Chen’s documentary evidence is counterfeit supports the adverse credibility finding and goes to the heart of the claim. See Singh v. Gonzales, 439 F.3d 1100, 1108 (9th Cir.2006) (holding that “[a] single supported ground for an adverse credibility finding is sufficient if it relates to the basis for [petitioner’s] alleged fear of persecution and goes to the heart of the claim”)…

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