Khin Maung Tun v. Ashcroft

MEMORANDUM **

Khin Maung Tun, a native and citizen of Burma, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming the order of an immi *146 gration judge (“IJ”) denying his applications for asylum, withholding of deportation, and relief under the Convention Against Torture (“CAT”). Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for substantial evidence the IJ’s adverse credibility determination, Mejia-Paiz v. INS, 111 F.3d 720 , 722-23 (9th Cir.1997), and deny the petition for review.

The IJ identified material inconsistencies between Tun’s testimony, his asylum application, and his written declaration regarding his purported membership in the National League for Democracy and his participation in student protests. Because these inconsistencies go to the heart of his asylum claim, substantial evidence supports the adverse credibility determination. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Accordingly, Tun failed to establish eligibility for asylum or withholding of deportation. See Hakeem v. INS, 273 F.3d 812, 816-17…