Tian Le Zhang v. Ashcroft

MEMORANDUM ***

Tian Le Zhang (“Zhang”), a native and citizen of China, petitions for review of the December 5, 2002 Order of the Board of Immigration Appeals (“BIA”) upholding the Immigration Judge’s (“IJ”) decision to deny Zhang’s application for asylum and withholding of deportation pursuant to 8 U.S.C. §§ 1158 (a) (Supp. II 1996) (recodified at 8 U.S.C. § 1158 (b)) and 1253(h) (Supp. II 1996) (repealed and replaced by 8 U.S.C. § 1231 (b)(3)(A)). We deny the petition for review.

Zhang also moves for a stay of his voluntary departure period. We construe Zhang’s timely-filed motion to stay removal to include a request to stay voluntary departure, Desta v. Ashcroft, 365 F.3d 741, 749 (9th Cir.2004), and grant the motion.

I. Petition for Review.

Zhang contends that: (1) the IJ erred in finding that he had not established eligibility for asylum or withholding of deportation; (2) the IJ erred in requiring corroborating evidence to support his application; and (3) the BIA erred in “streamlining” his case pursuant to 8 C.F.R. § 3.1 (e)(4)® (2002) (renumbered at 8 C.F.R. § 1003.1 (e)(4)® (2003)). Because we conclude that the IJ’s decision was supported by substantial evidence and…