Jinsheng Jiang v. Gonzales

Good Law
220 F. App'x 719
United States Court of Appeals for the Ninth CircuitFebruary 16, 2007No. 05-73421California253 words

Opinion

Lead Opinion

MEMORANDUM **

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

The BIA concluded that Jiang was not credible because of inconsistencies within his testimony and between his testimony and a document. Because the document was submitted to corroborate the alleged acts of persecution that Jiang endured, and thus was central to Jiang’s claim, substantial evidence supports the BIA’s conclusion that Jiang was not credible. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004) (concluding that documents with questionable genuineness that go to the heart of the claim may justify adverse credibility finding).

In the absence of credible evidence, Jiang has failed to show eligibility for asylum or withholding. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). Because Jiang’s claim…

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