Jiang v. Holder, Jr., No. 09-70900 (9th Cir. 2014)Annotate this Case
Petitioner, a native and citizen of China, sought review of the BIA's decision, which substantially adopted the IJ's order denying asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner failed to testify that she was physically abused during her detention until she was prompted to do so by her attorney. The court concluded that, because this inconsistency was sufficient to support the IJ's adverse credibility finding, the court need not comment on the remaining grounds cited by the BIA. Petitioner's withholding of removal and CAT claims also failed. Petitioner also claimed that the IJ deprived her of her due process right to a full and fair hearing where the IJ abandoned her role as a neutral fact-finder and imposed "moral judgment" on petitioner's relationship with her roommate. The court concluded that, even if petitioner had shown that the IJ's questioning prevented her from reasonably presenting her case, she failed to articulate how this alleged violation of due process affected the outcome of the proceedings. Accordingly, the court denied the petition for review.