Chen
Chen v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Jin Ming Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), and finding that Chen filed a frivolous asylum application. We have jurisdiction under 8 U.S.C. § 1252 . We review an adverse credibility determination for substantial evidence, Ge v. Ashcroft, 367 F.3d 1121, 1124 (9th Cir.2004), and we deny in part, and grant in part the petition for review.
Although certain of the IJ’s findings — such as the likely behavior of Chinese family planning officials, and the availability of certain corroborating documents — were based on “speculation about what she imagined the Chinese authorities would and would not do under certain circumstances,” id. at 1125 , the evidence does not “compel” a contrary finding. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Chen’s failure to provide corroborating evidence regarding the altercation between him and the family planning officials who came to his home, and his failure to…