Zhong v. Gonzales

Ninth Circuit

Zhong v. Gonzales

161 F. App'x 733

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 13, 2006

DocketNo. 04-71898; Agency No. A75-629-738

StatusPublished

This text of 161 F. App'x 733 (Zhong v. Gonzales) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Zhong v. Gonzales, 161 F. App'x 733 (9th Cir. 2006).

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Opinion

MEMORANDUM

**

Jin Zhong, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and 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 determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition.

Substantial evidence supports the BIA’s adverse credibility finding based on petitioner’s submission of a fraudulent asylum application and based on inconsistencies between his first two asylum applications and his testimony at the asylum hearing with regard to his detention, his involvement in a 1995 rally, and his letters to the Chinese government. See id. at 1043-45.

Because petitioner failed to demonstrate that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Petitioner also fails to establish a CAT claim because he did not show that it was more likely than not that he would be tortured if he was returned to China. See Kamalthas v. INS, 251 F.3d 1279, 1283 (9th Cir.2001).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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MEMORANDUM

**

Jin Zhong, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and 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 determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition.

Substantial evidence supports the BIA’s adverse credibility finding based on petitioner’s submission of a fraudulent asylum application and based on inconsistencies between his first two asylum applications and his testimony at the asylum hearing with regard to his detention, his involvement in a 1995 rally, and his letters to the Chinese government. See id. at 1043-45.

Because petitioner failed to demonstrate that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Petitioner also fails to establish a CAT claim because he did not show that it was more likely than not that he would be tortured if he was returned to China. See Kamalthas v. INS, 251 F.3d 1279, 1283 (9th Cir.2001).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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161 F. App'x 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zhong-v-gonzales-ca9-2006.

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