Liang Dong Zou v. Ashcroft

Good Law
104 F. App'x 680
United States Court of Appeals for the Ninth CircuitAugust 16, 2004No. 02-73350; Agency No. A71-824-272California248 words

Opinion

Lead Opinion

MEMORANDUM **

Liang Dong Zou, a native and citizen of the People’s Republic of China, petitions *681 for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a). Kalaw. v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for substantial evidence. Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding, which was based on inconsistencies in Zou’s testimony that went to the heart of his claim that his wife was forced to undergo an abortion. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Accordingly, Zou is not eligible for asylum.

Because Zou failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of deportation. See Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995).

We need not consider separately whether the BIA erred by streamlining Zou’s case because we conclude that substantial evidence supports the IJ’s denial of Zou’s application for relief. See…

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