Chang

Chang v. Ashcroft

Good Law
103 F. App'x 216
United States Court of Appeals for the Ninth CircuitJune 28, 2004No. 03-71240. Agency No. A75-715-259California280 words

Opinion

Lead Opinion

MEMORANDUM **

Zikun Chang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision adopting and affirming the immigration judge’s (“IJ”) denial of Chang’s applications for asylum, withholding of removal under 8 U.S.C. § 1231 (b)(3), and withholding of removal under the Convention Against Torture (“CAT”). We lack jurisdiction to review the IJ’s determination that Chang is ineligible for asylum because she failed to apply within one year of arriving in the United States. See 8 U.S.C. § 1158 (a)(3); see also Hakeem, v. INS, 273 F.3d 812, 815 (9th Cir.2001). Under 8 U.S.C. § 1252 , we have jurisdiction to review the IJ’s denial of withholding of removal under section 1231(b)(3) and under CAT. We review for substantial evidence, Singh-Kaur v. INS, 183 F.3d 1147, 1149 (9th Cir.1999), and we dismiss the petition in part, and deny it in part.

The IJ observed that Chang’s answers to questions were frequently non-responsive and her demeanor in responding on cross-examination indicated that she was reciting from a script she had memorized. We give “special deference” to a credibility determination based on demeanor. Id. at 1151 . We find no…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.