Pan

Pan v. Ashcroft

Good Law
107 F. App'x 136
United States Court of Appeals for the Ninth CircuitAugust 19, 2004No. 02-73708; Agency No. A77-157-566California437 words

Opinion

Lead Opinion

MEMORANDUM **

Yimin Pan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition for review in part and deny it in part.

Paris regulatory challenge to the BIA’s streamlining of his case is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003).

The IJ made an adverse credibility finding against Pan that is supported by substantial evidence. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000). Paris contention that his brother-in-law should not have been called by the IJ to testify is unavailing. See Fisher v. INS, 79 F.3d 955, 965 (9th Cir.1996) (en banc) (“[I]n deportation proceedings, the test for admissibility is whether the hearsay statement is probative and whether its admission is fundamentally fair.” (quotation marks and citation omitted)). The inconsistent dates provided by Pan and his brother-in-law are sufficient to support the adverse credibility determination,…

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.