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97 F. App'x 804

Chen v. Ashcroft

U.S. Courts of Appeals

Decided May 28, 2004

U.S. Courts of Appeals · decided 2004-05-28

Applies 8 U.S.C. § 1158 (§ 208 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1231 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Ghaly v. Immigration & Naturalization Service · Osorio v. Immigration & Naturalization Service

Decided 2004-05-28

¶1MEMORANDUM …

¶2Petitioner Gui Chen (“Chen”), a native and citizen of China, appeals the Board of Immigration Appeals’ (“BIA”) November 5, 2002 Order upholding the Immigration Judge’s (“IJ”) decision to deny Chen’s ap*805plication for asylum, 8 U.S.C. § 1158(a) (Supp. II 1996) (recodified at 8 U.S.C. § 1158(b)), and withholding of removal under Immigration and Nationality Act (“INA”) Section 241(b)(8)(A), 8 U.S.C. § 1231(b)(3)(A), and Article Three of the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment of Punishment, opened for signature Feb. 4, 1985, S. Treaty Doc. No. 100-20, at 20 (1988), 23 I.L.M. 1027, 1028 (1984) (“Convention Against Torture”).

¶3We conclude that the IJ’s adverse credibility finding was based on sufficiently “specific, cogent” reasons, and is thus supported by substantial evidence. Osorio v. INS, 99 F.3d 928, 931 (9th Cir.1996). Because Chen’s testimony was not credible, he failed to meet the standard of proof to qualify for asylum. It necessarily follows that he failed to meet the higher standard to qualify for withholding under the INA. Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995).

¶4We further hold that the IJ’s denial of Chen’s claim for withholding of removal under the Convention Against Torture was supported by substantial evidence. Chen presented no evidence, credible or otherwise, that his mistreatment rose to the level of torture. See 8 C.F.R. § 208.18(a)(1).

¶5The petition for review is accordingly DENIED.

¶6 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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