Xi Yang v. Eric Holder, Jr.

Good Law
540 F. App'x 691
United States Court of Appeals for the Ninth CircuitSeptember 27, 201311-73504California321 words

Opinion

Opinion

MEMORANDUM

Xi Yang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“D”) decision denying his application 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 the agency’s adverse credibility findings, Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007), and we deny the petition for review.

The record does not compel reversal of the agency’s adverse credibility determination based on Yang’s inability to remember when he traveled to Singapore, or whether he traveled outside of China on other occasions. See Wang v. INS, 352 F.3d 1250, 1259 (9th Cir.2003) (“So long as one of the identified grounds is supported by substantial evidence and goes to the heart of [petitioner’s] claim of persecution, we are bound to accept the [adverse] credibility finding.”). Yang’s explanations, including memory failure, do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). In the absence of credible testimony, Yang’s asylum and withholding of removal…

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