Lei

Lei v. Holder

Good Law
323 F. App'x 558
United States Court of Appeals for the Ninth CircuitApril 21, 2009No. 06-74624California246 words

Opinion

Lead Opinion

MEMORANDUM **

Runchang Lei, a native and citizen of China, petitions for review of a Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because the inconsistencies between Lei’s testimony and his application regarding when he became interested in Falun Gong and how many demonstrations he had attended were substantial and go to the heart of his claim. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). In addition, the IJ’s negative assessment of Lei’s demeanor is entitled to special deference and supports the adverse credibility determination. See Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999). Accordingly, Lei’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Lei’s CAT claim is based on the…

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