Lin

Lin v. Ashcroft

Good Law
99 F. App'x 810
United States Court of Appeals for the Ninth CircuitMay 24, 2004No. 02-73523California695 words

Opinion

Lead Opinion

MEMORANDUM ***

Kun Ko Lin, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ summary affirmance of the order by the Immigration Judge (“IJ”) denying Lin’s application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture.

Lin asserts that he was arrested, detained, and beaten by the police in China because of his sexual orientation. On appeal, Lin claims that substantial evidence does not support the IJ’s adverse credibility determination. Because Lin’s evidence would not compel any reasonable adjudicator to conclude that he was eligible for asylum or withholding of removal, 8 U.S.C. § 1252 (b)(4)(B), we uphold the IJ’s factual determinations and deny the petition.

We afford great deference to an immigration judge’s adverse credibility finding: “administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(A)-(B); see Farah v. Ashcroft, 348 F.3d 1153, 1156 *812 (9th Cir.2003). Thus, when a petitioner contends that the IJ’s credibility findings are erroneous, the petitioner “must…

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