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Jin Zai Chen v. Mukasey

United States Court of Appeals, Fifth Circuit
May 16, 2008
278 F. App'x 419 (5th Cir. 2008)

Opinion

No. 07-60532 Summary Calendar.

May 16, 2008.

Liu Yu, New York, NY, for Petitioner.

Thomas Ward Hussey, Director, Norah Ascoli Schwarz, John Clifford Cunningham, Edward C. Durant, Remi Adalemo, U.S. Department of Justice Office of Immigration Litigation, Washington, D.C., E.M. Trominski, District Director, U.S. Immigration Naturalization Service District Directors Office, Harlingen, TX, for Respondent.

Petition for Review of an Order of the Board of Immigration Appeals, BIA No. A98116 480.

Before JOLLY, DENNIS, and PRADO, Circuit Judges.


Jin Zai Chen, a native and citizen of China, petitions this court for review of the Board of Immigration Appeal's (BIA) decision affirming the Immigration Judge's (IJ) order denying his requests for asylum and withholding of removal. When, as here, the BIA adopts the IJ's decision, we review the IJ's decision. See Mikhael v. INS, 115 F.3d 299, 302 (5th Cir. 1997).

Chen argues that the IJ's adverse credibility finding is not supported by the record. Chen further argues that he was not provided with a meaningful opportunity to rebut or address the IJ's credibility concerns.

Contrary to Chen's assertions, our review of the record establishes that the IJ's findings that Chen's testimony is incredible is substantially supported by the record. None of Chen's arguments compel this court to substitute its judgment for that of the IJ. See Chun v. INS, 40 F.3d 76, 78 (5th Cir. 1994). Without credible evidence, the IJ had no grounds to grant Chen asylum or withholding of removal. Id. at 79. The petition for review is DENIED.


Summaries of

Jin Zai Chen v. Mukasey

United States Court of Appeals, Fifth Circuit
May 16, 2008
278 F. App'x 419 (5th Cir. 2008)
Case details for

Jin Zai Chen v. Mukasey

Case Details

Full title:JIN ZAI CHEN, Petitioner v. Michael B. MUKASEY, U.S. Attorney General…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 16, 2008

Citations

278 F. App'x 419 (5th Cir. 2008)