Deyu Yang v. Eric Holder, Jr.

MEMORANDUM

Ying Zhang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her 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 factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding based on inconsistencies within Zhang’s testimony, and between Zhang’s testimony and the testimony of government witnesses, regarding whether Zhang fears religious persecution in China. See Kin v. Holder, 595 F.3d 1050, 1057 (9th Cir.2010). The IJ did not err in crediting U.S. Customs and Border Protection Officer Charles Lee’s testimony over Zhang’s testimony, particularly in light of Zhang’s evolving explanations for the inconsistency. See id. at 1057 (where testimony conflicts, it is the responsibility of the…