Chen

Chen v. Ashcroft

Good Law
97 F. App'x 804
United States Court of Appeals for the Ninth CircuitMay 28, 2004No. 02-73818California267 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Gui Chen (“Chen”), a native and citizen of China, appeals the Board of Immigration Appeals’ (“BIA”) November 5, 2002 Order upholding the Immigration Judge’s (“IJ”) decision to deny Chen’s ap *805 plication for asylum, 8 U.S.C. § 1158 (a) (Supp. II 1996) (recodified at 8 U.S.C. § 1158 (b)), and withholding of removal under Immigration and Nationality Act (“INA”) Section 241(b)(8)(A), 8 U.S.C. § 1231 (b)(3)(A), and Article Three of the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment of Punishment, opened for signature Feb. 4, 1985, S. Treaty Doc. No. 100-20, at 20 (1988), 23 I.L.M. 1027, 1028 (1984) (“Convention Against Torture”).

We conclude that the IJ’s adverse credibility finding was based on sufficiently “specific, cogent” reasons, and is thus supported by substantial evidence. Osorio v. INS, 99 F.3d 928, 931 (9th Cir.1996). Because Chen’s testimony was not credible, he failed to meet the standard of proof to qualify for asylum. It necessarily follows that he failed to meet the higher standard to qualify for withholding under the INA. Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995).

We further hold that the…

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