Cheng Xu v. Eric Holder, Jr.

MEMORANDUM

Petitioners Cheng Xu and Fangqing Wang, natives and citizens of China, petition for review of the agency’s denial of asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 and deny the petition for review.

Factual findings, including adverse credibility determinations, are reviewed for substantial evidence. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). Under the substantial evidence standard, we must uphold the agency’s findings unless the evidence compels a contrary result. Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir.2013).

The record does not compel the conclusion that Xu was a credible witness. The IJ discussed the relevant factors of consistency, demeanor, plausibility, and responsiveness, and gave reasons and examples to support each of the factors. For example, although Xu testified that the abortion occurred on October 27, 1989, the documentary evidence indicates that the abortion occurred on July 10, 1989. Similarly, although Xu testified that she has been pregnant three times and has had one abortion, the documentary evidence indicates that she has been pregnant four…