Lin

Lin v. Gonzales

Good Law
217 F. App'x 699
United States Court of Appeals for the Ninth CircuitJanuary 12, 2007No. 05-72644California373 words

Opinion

Lead Opinion

MEMORANDUM **

Lanyun Lin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from an Immigration Judge’s (“IJ”) denial of her application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the BIA’s and IJ’s decisions unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We deny the petition as to the asylum and withholding of removal claims; we grant the petition as to the CAT claim, and remand.

Substantial evidence supports the BIA’s and IJ’s denial of asylum based on an adverse credibility finding. The IJ’s finding that Lin was unresponsive identified a particular instance in the record, thus supporting the adverse credibility finding. See Singh v. Ashcroft, 301 F.3d 1109, 1114 (9th Cir.2002). Lin testified inconsistently about the nature and cause of her medical condition, see Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir.2004), and her testimony was also inconsistent with medical records. See Pal v.…

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