Jin Zai Chen v. Mukasey

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED May 16, 2008 No. 07-60532 Summary Calendar Charles R. Fulbruge III Clerk JIN ZAI CHEN Petitioner v. MICHAEL B MUKASEY, U S ATTORNEY GENERAL Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A98 116 480 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* 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). * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 07-60532 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. 2