Chen
Chen v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM *
Jiezhen Chen (“Chen”), a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and voluntary departure. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a).
Because the parties are familiar with the facts and procedural history of this case we do not recite them here. Because the BIA adopted the IJ’s decision in its entirety, we review the IJ’s ruling. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).
To qualify for asylum, a petitioner must show that she is “unable or unwilling to return to [her] home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Lim v. INS, 224 F.3d 929, 934 (9th Cir.2000). This showing can be made “by the production of specific documentary evidence or by the credible and persuasive testimony of the applicant.” Zahedi v. INS, 222 F.3d 1157, 1162 (9th Cir.2000).
In this case, petitioner both testified and submitted several medical…
Concurring Opinion
Bea, J.
Concurring.
I separately concur to state that this court’s remand does not eliminate the opportunity for the IJ to follow the well-established doctrine of falsus in uno, falsus in omnibus and find that the documents are inauthentic because the person who presents them is not worthy of credibility. See United States v. Castillero, 67 U.S. 17, 128-129 , 2 Black 17 , 17 L.Ed. 360 (1862).