Pan

Pan v. Ashcroft

Good Law
120 F. App'x 96
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 03-72948California328 words

Opinion

Lead Opinion

MEMORANDUM **

Yang Yan Pan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s (“D”) order denying his application for asylum, withholding of deportation and relief under the Convention Against Torture (“CAT”). We have jurisdiction under the former 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review *97 for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s adverse credibility findings because Pan’s testimony was internally inconsistent, and there were inconsistencies between his testimony, application and supplemental statement going to the heart of his asylum claim, including inconsistencies regarding the extent of his injuries and the number of arrests. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004); Chebchoub, 257 F.3d at 1043 . Pan also submitted a document with a material, unexplained alteration, and the “genuineness of [this] document ] goes to the heart of his claim.” See Desta, 365 F.3d at 745 .

Because Pan failed to…

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