Duan

Duan v. Mukasey

Good Law
262 F. App'x 807
United States Court of Appeals for the Ninth CircuitJanuary 3, 2008No. 04-75395California356 words

Opinion

lead Opinion

MEMORANDUM **

Shuli Duan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his 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 an adverse credibility finding and will uphold the IJ’s and BIA’s decisions unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003). We dismiss the petition in part and deny the petition in part.

We dismiss Duan’s asylum claim, because he failed to exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Substantial evidence supports the IJ’s and BIA’s denial of withholding of removal based on an adverse credibility finding. The IJ’s negative assessment of Duan’s demeanor described the physical aspects of Duan’s behavior, and is therefore supported. See Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999). Duan’s testimony was inconsistent with his asylum application regarding whether he was arrested alone or…

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