Tan

Tan v. Gonzales

Good Law
239 F. App'x 315
United States Court of Appeals for the Ninth CircuitMay 24, 2007No. 05-71956California219 words

Opinion

Lead Opinion

MEMORANDUM **

Guohua Tan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order affirming the Immigration Judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 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.

Tan testified that his wife was forced to undergo sterilization, but he failed to mention this in his asylum application. Because this omission is material and goes to the heart of Tan’s asylum claim, substantial evidence supports the agency’s adverse credibility determination. See id.

Tan therefore failed to establish eligibility for asylum, withholding of removal, and CAT relief. See Farah v. Ashcroft, 348 F.3d 1153, 1156-57 (9th Cir.2003) (upholding denials of withholding and CAT where claims are based on same evidence as asylum claim).

We lack jurisdiction to review Tan’s due process claim because he did not raise it *317 before the agency. See Barron v. Ashcroft, 358 F.3d 674, 676 (9th…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.