Tran

Tran v. Mukasey

Good Law
275 F. App'x 618
United States Court of Appeals for the Ninth CircuitApril 23, 2008No. 06-72083California341 words

Opinion

Lead Opinion

MEMORANDUM **

Lan Due Tran, a native and citizen of Vietnam, petitions for review from the summary affirmance by the Board of Immigration Appeals (BIA) of the decision of an Immigration Judge (IJ), who found Tran not credible and denied his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

Because the BIA affirmed without opinion, we review the IJ’s decision. See Zehatye v. Gonzales, 453 F.3d 1182, 1184 (9th Cir.2006). We review the adverse credibility finding for substantial evidence, requiring that the IJ provide specific and cogent reasons that go to the heart of Tran’s claim. See Rivera v. Mukasey, 508 F.3d 1271, 1274 (9th Cir.2007).

The IJ identified a number of implausibilities and inconsistencies in Tran’s testimony which, “particularly when viewed cumulatively, deprive [Tran’s] claim of the requisite ring of truth.” Id. at 1275 (internal quotations omitted). The IJ also noted that forensic examination showed that one of Tran’s documents, his release papers, had later been doctored to add his birth date. Details that are “unusual or…

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