Tjong

Tjong v. Gonzales

Good Law
139 F. App'x 881
United States Court of Appeals for the Ninth CircuitJuly 18, 2005No. 03-72107California235 words

Opinion

Lead Opinion

MEMORANDUM **

Billy Tanaya Tjong, a native and citizen of Indonesia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture *882 (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We deny the petition.

Substantial evidence supports the BIA’s adverse credibility finding because Tjong’s testimony and application were inconsistent and lacked specificity regarding his and his family’s fear of persecution. See id. at 1043 ; see also Singh-Kaur v. INS, 183 F.3d 1147, 1153 (9th Cir.1999). Accordingly, he is not eligible for asylum.

Because Tjong failed to demonstrate that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Substantial evidence also supports the denial of Tjong’s CAT claim. See id. at 1156-57 .

The voluntary departure period was stayed, and…

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