Ven

Ven v. Ashcroft

Good Law
115 F. App'x 355
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-70108California320 words

Opinion

Lead Opinion

MEMORANDUM **

Substantial evidence supports the Immigration Judge’s (IJ’s) adverse credibility finding, based in part on the IJ’s determination that Chanthou Ven’s demeanor was evasive, 1 as well as Ven’s testimony about spending four years in prison, *356 never mentioned in her asylum application; her lack of explanation for why the Cambodian People’s Party (“CPP”) stopped questioning her in 1995; and her jumbled explanation for why she left her children behind. Although some of the reasons listed by the IJ might be characterized as the kind of conjecture prohibited by Shah v. INS, 220 F.3d 1062, 1071 (9th Cir.2000), on balance, the IJ’s decision satisfies the requirement for specific, cogent reasons in support of an adverse credibility finding. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002).

Ven’s claim of imprisonment by the Khmer Rouge, even if true, is immaterial. The Khmer Rouge has not held power in Cambodia since 1978. More importantly, Ven’s week in jail in 1992, during which the CPP interrogated her twice a day about her affiliation with FUNCINPEC, followed by twice-monthly interrogations for three years, does not amount to persecution. Cf. Prasad v. INS, 47 F.3d 336,…

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