Yufeng Tao v. Eric Holder, Jr.

MEMORANDUM

Petitioner Yufeng Tao seeks review of a decision by the Board of Immigration Appeals (“Board”), denying her application for asylum, withholding of removal, and protection under the Convention Against Torture, and ordering her removed from the United States. The Court reviews the Board’s factual findings under the substantial evidence standard, treating the findings as “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B).

This Court lacks jurisdiction to review Tao’s eligibility for asylum and withholding of removal due to persecution on account of “resistance to a coercive population control program.” 8 U.S.C. § 1101 (a)(42); see Sola v. Holder, 720 F.3d 1134, 1135 (9th Cir.2013). That part of her claim is therefore dismissed.

As to her remaining claims, the Court finds that substantial evidence, such as discrepancies between Tao’s testimony before the Immigration Judge (“IJ”) and her proffered medical record, supports the Board’s affirmance of the IJ’s factual adverse credibility determination. The failure of the respondent to produce the author of an affidavit questioning the authenticity of the…