Chunhua Deng v. Mukasey

Good Law
276 F. App'x 635
United States Court of Appeals for the Ninth CircuitMay 1, 2008No. 06-71986California408 words

Opinion

Lead Opinion

MEMORANDUM **

Chunhua Deng, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and her motion to reopen proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s decision to deny asylum and withholding of removal and CAT, and for abuse of discretion the denial of a motion to reopen, see Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny in part and grant in part the petition for review.

Substantial evidence supports the agency’s finding that Deng failed to meet her burden of proof with respect to asylum and withholding of removal. We give special deference to a credibility finding that is based on demeanor. See Singh-Kaur v. I.N.S., 183 F.3d 1147, 1151 (9th Cir.1999). Because the IJ had reason to question Deng’s testimony, it was proper for the IJ to require corroborating evidence to support her claim. See Chebchoub v. INS, 257 F.3d 1038, 1045 (9th Cir.2001).

Deng necessarily failed to meet…

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