Zheng Li Fang v. Ashcroft

Good Law
89 F. App'x 125
United States Court of Appeals for the Ninth CircuitMarch 1, 2004No. 03-70796; Agency No. A77-998-535California745 words

Opinion

Lead Opinion

*126 MEMORANDUM *

Zheng Li Fang, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) final order adopting and affirming the Immigration Judge’s (“IJ’s”) decision denying his applications for asylum, withholding of deportation, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (a) and deny the petition.

The IJ based his decision to deny Zheng’s petition on an adverse credibility finding, which was adopted by the BIA in its opinion. We review this finding under the substantial evidence standard, and it must be upheld “ ‘unless the evidence presented compels a reasonable factfinder to reach a contrary result.’ ” De Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir. 1997), quoting Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996). Zheng sought relief from China’s one-child policy, under which he claims that his wife was forced to abort during her second pregnancy and he faces a threat of forced sterilization if removed to China. Zheng also claimed asylum based on his parents’ practice…

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