Guo

Guo v. Gonzales

Good Law
135 F. App'x 917
United States Court of Appeals for the Ninth CircuitJune 22, 2005No. 03-74510California322 words

Opinion

Lead Opinion

MEMORANDUM ***

Xiamei Guo, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, *918 which affirmed the Immigration Judge’s (“IJ”) order denying her application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA made an independent determination of whether relief is appropriate, we review the decision of the BIA. See Molina-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001). We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny this petition for review.

Substantial evidence supports the BIA’s adverse credibility finding based on Guo’s presentation of a fraudulent asylum claim. See Akinmade v. INS, 196 F.3d 951, 955-56 (9th Cir.1999) (explaining that false statements made to establish the critical elements of an asylum claim involve “the heart of the asylum claim”) (citation and internal quotation omitted). We lack jurisdiction to consider Guo’s contention that the BIA erred in relying on information from the Immigration and…

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