Jin v. Holder, No. 10-72413 (9th Cir. 2014)
Annotate this CasePetitioner, a native and citizen of China, sought review of the BIA's order dismissing his appeal of an IJ's denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court concluded that substantial evidence supported the agency's reasonable determination that petitioner was not credible under the totality of the circumstances: petitioner's non-responsive demeanor during cross-examination; affirmative misrepresentations of his residence for the purpose of gaining an advantage in forum; submission of a fraudulent church membership certification for the purpose of gaining an advantage in forum; and lack of detailed testimony. Accordingly, the court concluded that the agency properly denied asylum and withholding claims. The court denied the petition for review.
Court Description: Immigration. The panel denied a petition for review of the Board of Immigration Appeals’ denial of asylum and withholding of removal on adverse credibility grounds. The panel held that substantial evidence supported the agency’s reasonable determination that petitioner was not credible under the totality of the circumstances based on his non-responsive demeanor during cross-examination, his affirmative misrepresentations of his residency for the purpose of gaining an advantage in forum, his submission of a fraudulent church membership certification for the purpose of gaining an advantage in forum, and the lack of detailed testimony.
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