Ren v. Holder Jr., No. 08-71315 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of China, petitioned for review of the BIA's denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court held that the IJ's adverse credibility determination was impermissibly based on mischaracterizations of petitioner's testimony as well as inconsistencies that, considering the totality of the circumstances, were trivial. The court held, however, that petitioner was given the proper notice and opportunity to respond to the IJ's request for corroborative evidence. Because petitioner failed to provide that evidence and did not provide any explanation for his failure to do so, and because the IJ was not compelled to conclude that petitioner met his burden of proof without that evidence, the court denied the petition.
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