Xie

Xie v. Gonzales

Good Law
150 F. App'x 707
United States Court of Appeals for the Ninth CircuitOctober 18, 2005No. 04-72857California396 words

Opinion

Lead Opinion

MEMORANDUM **

Runhai Xie, a native and citizen-of China, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming 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 . We review the IJ’s decision to the extent it was expressly adopted by the BIA, but are otherwise limited to reviewing the BIA’s decision. See Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000). Reviewing for substantial evidence, id., we deny the petition for review.

The record does not compel a finding that Xie is credible. See Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th Cir. 2005). The IJ identified repeated discrepancies between Xie’s testimony on direct and on cross regarding the time of Xie’s first arrest and his subsequent release. For instance, Xie stated twice on direct that he was released at nine o’clock at night. On cross, Xie stated multiple times that he was released at two o’clock in the afternoon, and specified that he was released during the daytime. These discrepancies go the heart of Xie’s claim because, as the IJ noted, this…

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