Narrative Opinion Summary
A Chinese national petitions for review of the Board of Immigration Appeals' affirmation of the Immigration Judge's denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The United States Court of Appeals reviews the IJ's decision under the jurisdiction granted by 8 U.S.C. § 1252, applying a substantial evidence standard. The core issue in the case was the IJ's adverse credibility determination, which was based on inconsistencies in the petitioner's application and testimony concerning key matters such as police summons and interrogation experiences. The substantial evidence supported the IJ's finding of non-credibility, thus justifying the denial of asylum. Consequently, the petitioner was unable to meet the higher burden of proof required for withholding of removal. Additionally, the petitioner's failure to address his CAT claim in the opening brief resulted in its waiver. The court denied the petition for review, and the decision is not intended for publication or citation in this circuit, except as permitted by Ninth Circuit Rule 36-3.
Legal Issues Addressed
Adverse Credibility Determination in Asylum Casessubscribe to see similar legal issues
Application: The Immigration Judge's adverse credibility finding was based on inconsistencies in the applicant's testimony and application, leading to the denial of asylum.
Reasoning: The IJ's adverse credibility determination was based on inconsistencies in Cai's application and testimony regarding several key issues, including a police summons, bail conditions, termination of employment, interrogation experiences, and police surveillance.
Jurisdiction under 8 U.S.C. § 1252subscribe to see similar legal issues
Application: The court reviews the Immigration Judge's decision as if it were that of the Board of Immigration Appeals, applying a substantial evidence standard.
Reasoning: The court has jurisdiction under 8 U.S.C. § 1252 and reviews the IJ's decision as if it were that of the BIA, applying a substantial evidence standard.
Non-Publication and Citation Rule under Ninth Circuit Rule 36-3subscribe to see similar legal issues
Application: The decision is not suitable for publication or citation in this circuit, except as allowed by specific local rules.
Reasoning: The petition for review is denied, and this decision is not suitable for publication or citation in this circuit, except as allowed by Ninth Circuit Rule 36-3.
Standard for Withholding of Removalsubscribe to see similar legal issues
Application: The applicant's failure to meet the eligibility standard for asylum precluded him from meeting the higher standard required for withholding of removal.
Reasoning: Since Cai failed to demonstrate eligibility for asylum, he also did not meet the higher standard required for withholding of removal.
Waiver of Claims under the Convention Against Torturesubscribe to see similar legal issues
Application: The applicant waived his claim for protection under the Convention Against Torture by not addressing it in his opening brief.
Reasoning: Furthermore, Cai waived his claim for protection under CAT by not addressing it in his opening brief.