Cao

Cao v. Gonzales

Good Law
152 F. App'x 605
United States Court of Appeals for the Ninth CircuitOctober 21, 2005No. 04-70183California445 words

Opinion

Lead Opinion

*606 MEMORANDUM **

Longziang Cao, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review claims of due process violations in immigration proceedings de novo. See Padilla v. Ashcroft, 334 F.3d 921, 923 (9th Cir.2003), and we deny the petition for review.

The IJ based her adverse credibility determination, in part, on Cao’s failure to show he was still in China in 2001, when he claims he was persecuted by Chinese authorities. At his initial hearing, Cao testified that he arrived in the United States on August 25, 1997. This testimony is corroborated by an Immigration and Naturalization Service document. At a later hearing, Cao testified that it was his twin brother who entered the United States under Cao’s name in 1997. The IJ found that Cao came to the United States in 1997, and was not in China in 2001. Cao failed to challenge this finding before the BIA and,…

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