Nian

MEMORANDUM

Chi Kwo Nian, 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 (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We review an adverse credibility determination under the substantial evidence standard. Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007). We deny the petition.

Where the BIA relies upon the IJ’s opinion as a statement of reasons, we look to the IJ’s decision “as a guide to what lay behind the BIA’s conclusion.” Kozulin v. INS, 218 F.3d 1112, 1115 (9th Cir.2000). Because Nian filed his claim prior to May 11, 2005, pre-REAL ID Act standards apply. See Kaur v. Gonzales, 418 F.3d 1061 , 1064 n. 1 (9th Cir.2005).

Substantial evidence supports the agency’s adverse credibility determination. Nian’s statements on his asylum application regarding his wife’s forced implantation of a birth control device were inconsistent with his testimony before the IJ. This inconsistency goes to the “heart of the claim” because Nian’s wife’s persecution at the hands of family planning officials is…