Jiang Yu v. Holder

Good Law
333 F. App'x 266
United States Court of Appeals for the Ninth CircuitSeptember 29, 2009No. 05-73219California369 words

Opinion

Lead Opinion

MEMORANDUM **

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

Substantial evidence supports the IJ’s adverse credibility determination based on Yu’s admitted post-entry immigration fraud. See Sarvia-Quintanilla v. INS, 767 F.2d 1387, 1393 (9th Cir.1985) (holding that history of dishonesty can support an adverse credibility finding). Further, because the IJ had reason to question Yu’s credibility, she could require corroborating evidence, and Yu has not shown that the evidence he presented compelled a contrary conclusion. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003) (“Where the [IJ] provides a specific, cogent reason for questioning a petitioner’s credibility, the petitioner must show that the evidence compelled a contrary conclusion in…

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