Hui Zhong Zhu v. Gonzales

Good Law
167 F. App'x 624
United States Court of Appeals for the Ninth CircuitFebruary 16, 2006No. 04-71129California357 words

Opinion

Lead Opinion

MEMORANDUM **

Hui Zhong Zhu petitions for review of an order of removal and the denial of his applications for asylum, withholding of removal, and voluntary departure. Because the BIA affirmed without opinion, we review the immigration judge’s decision as if it were the BIA’s. Hoque v. Ashcroft, 367 F.3d 1190, 1194 (9th Cir.2004). The IJ’s asylum eligibility determination, including her adverse credibility finding, is reviewed under the substantial evidence standard. Id.; see also 8 U.S.C. § 1252 (b)(4)(B) (“administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary”). We conclude that the IJ’s adverse credibility determination is supported by substantial evidence, and that we lack jurisdiction to review the denial of a request for volun *625 tary departure. Thus, we dismiss in part and deny in part Zhu’s petition for review.

In finding that Zhu was not credible, the IJ relied on several factors that are supported by the record. Most importantly, the IJ found Zhu’s testimony to be inherently unreliable because of the “egregiousness” of his admitted fraud. She specifically noted that Zhu had engaged in fraud on…

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