Qun Chen v. Mukasey

MEMORANDUM **

Qun Chen, a native and citizen of China, petitions for review of the Board of Immi *678 gration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal, and 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, 992-93 (9th Cir.2003). We review de novo due process challenges to immigration decisions. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). We deny the petition.

Substantial evidence supports the IJ’s and BIA’s denial of Chen’s asylum claim on the basis of an adverse credibility finding. Chen’s documentary evidence was inconsistent with his testimony regarding matters that go to the heart of his claim, including whether he was detained by the family planning unit or the local police, and whether he was released from detention after paying a fine or instead escaped. See Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000).

In his opening…