Public-domain · open source
OpenJurist

46 F. App'x 555

Xea v. Ashcroft

U.S. Courts of Appeals

Decided September 19, 2002

U.S. Courts of Appeals · decided 2002-09-19

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Abderrahman Chebchoub v. Immigration and Naturalization Service · Ghaly v. Immigration & Naturalization Service · Navaratwam Kamalthas v. Immigration and Naturalization Service

Decided 2002-09-19

¶1MEMORANDUM …

¶2Zhun Zhong Xea, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s denial of his application for asylum and withholding of removal, and his claim for relief under Article 3 of the United Nations Convention Against Torture (“Convention Against Torture”). We have jurisdiction under 8 U.S.C. § 1252. We review the BIA’s credibility findings for substan-, *556tial evidence and uphold an adverse credibility finding unless the evidence compels a contrary result. Singh-Kawr v. INS, 183 F.3d 1147, 1149-50 (9th Cir.1999). We deny the petition.

¶3The inconsistencies in the record go to the heart of Xea’s asylum claim. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). The BIA’s adverse credibility determination and its conclusion that Xea is ineligible for asylum is therefore supported by substantial evidence. See id.

¶4In failing to qualify for asylum, Xea necessarily failed to satisfy the more stringent standard for withholding of removal. See Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995).

¶5Because Xea did not present evidence establishing that it is “more likely than not that he ... would be tortured if removed” to China, the BIA properly rejected his claim under the Convention Against Torture. See Kamalthas v. INS, 251 F.3d 1279,1284 (9th Cir.2001).

¶6PETITION FOR REVIEW DENIED.

¶7 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.

/46/fappx/555 · .json · Public domain