Rui Huang v. Ashcroft
Opinion of the Court
MEMORANDUM
Rui Huang and Zhi Ming Dong, husband and wife and natives and citizens of China, petition for review of the Board of Immigration Appeals’ decision summarily affirming an Immigration Judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence an adverse credibility determination, see Malhi v. INS, 336 F.3d 989, 992 (9th Cir. 2003), and we deny the petition.
Substantial evidence supports the IJ’s adverse credibility finding. Petitioners submitted a first asylum application which contained false incidents of past persecution and prepared fraudulent supporting documents. They then submitted a second application which alleged a new story of past persecution. See Al-Harbi v. INS, 242 F.3d 882, 889-90 (9th Cir. 2001) (affirming adverse credibility finding based
Because petitioners failed to demonstrate that they were eligible for asylum, it follows that they did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Petitioners do not challenge the IJ’s denial of CAT relief and therefore it is waived. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996).
PETITION FOR REVIEW DENIED.
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.
Reference
- Full Case Name
- Rui HUANG Zhi Ming Dong v. John ASHCROFT, Attorney General
- Status
- Published