Hongxiang Lin v. Gonzales

Good Law
227 F. App'x 693
United States Court of Appeals for the Ninth CircuitApril 19, 2007No. 06-71970California245 words

Opinion

Lead Opinion

MEMORANDUM **

Hongxiang Lin, a native and citizen of China, petitions pro se for review of an *694 order of the Board of Immigration Appeals (“BIA”) upholding an Immigration Judge’s denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), we deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility finding based on an internal inconsistency in Lin’s testimony regarding whether he obtained a passport and visa in his own name or left China with a false passport. See id. at 1043 . Additionally, substantial evidence supports the BIA’s demeanor finding based on Lin’s manner of answering questions on Christianity. See Paredes-Urrestarazu v. INS, 36 F.3d 801, 818 (9th Cir.1994).

Because Lin cannot meet the lower standard of eligibility for asylum, he has failed to show that he is entitled to withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Lin’s CAT claim is based on the same testimony that was found not…

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