Liu

Liu v. Gonzales

Good Law
121 F. App'x 762
United States Court of Appeals for the Ninth CircuitFebruary 11, 2005No. 03-73414California377 words

Opinion

Lead Opinion

MEMORANDUM ***

Jian-Long Liu, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from 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 . Because the BIA adopted the IJ’s decision *763 and also gave reasons of its own, we review both decisions. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We review for substantial evidence, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because Liu testified that his wife was forcibly taken by the government authorities to be sterilized, but Liu failed to mention the alleged tubal ligation in either of his asylum applications or in the accompanying addenda. Liu explained that he did not discuss the tubal ligation in his application materials because “[ejverybody know[s] that the Chinese government has this family planning policy.” The agency was “not unreasonable in considering…

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