Singh

Gang Wu v. Holder

Good Law
357 F. App'x 829
United States Court of Appeals for the Ninth CircuitDecember 22, 200906-72740California272 words

Opinion

Opinion

MEMORANDUM

Gang Wu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the omission from Wu’s second asylum application of the hunger strike which took place during his third detention. See id. Wu failed to adequately explain this discrepancy when given the opportunity and it goes to the heart of his claim. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Because the IJ had reason to question Wu’s credibility, the IJ reasonably took into account Wu’s failure to provide corroborating evidence in support of his claim of persecution. See Sidhu v. INS, 220 F.3d 1085, 1091-92 (9th Cir.2000). Accordingly, Wu’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348…

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