Cai

Dunquan Cai v. Holder

Good Law
472 F. App'x 744
United States Court of Appeals for the Ninth CircuitApril 24, 201208-70673California373 words

Opinion

Opinion

MEMORANDUM

Dunquan Cai, a native and citizen of China, petitions pro se 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 relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and review de novo due process claims, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination because the discrepancy between Cai’s testimony and his asylum application statement regarding the contraband religious materials Chinese customs officials allegedly seized from his luggage is a substantial inconsistency that goes to the heart of his claim. See Chebchoub, 257 F.3d at 1043 . Substantial evidence also supports the IJ’s adverse credibility determination based on Cai’s failure to provide any corroboration of his religious activities in the United States. See Mejia-Paiz v. INS, 111 F.3d 720 , 723-24 (9th…

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