Xiao Guang Cai v. Gonzales

Good Law
135 F. App'x 988
United States Court of Appeals for the Ninth CircuitJune 24, 2005No. 04-72223California304 words

Opinion

Lead Opinion

MEMORANDUM ***

Xiao Guang Cai, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . ‘Where the BIA adopts the findings and reasoning of the IJ, this court reviews the decision of the IJ as if it were that of the BIA.” Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). We review for substantial evidence, see Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition for review.

The IJ based his adverse credibility finding on, among other things, inconsistencies between petitioner’s application and his testimony on matters concerning: the issuance of a police summons, bail, the manner of his termination of employment, the number of times and manner in which he was interrogated in police custody, and police surveillance of his residence. See Chebchoub, 257 F.3d at 1043-44 . The IJ provided specific and cogent reasons for finding petitioner not credible, and the denial of asylum is supported by…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.