Yong Yang v. Eric Holder, Jr.

Good Law
585 F. App'x 473
United States Court of Appeals for the Ninth CircuitOctober 20, 201411-70260California386 words

Opinion

Opinion

MEMORANDUM

1. Substantial evidence supports the agency’s adverse credibility finding. “A single supported ground for an adverse credibility finding is sufficient if it relates to the basis for petitioner’s alleged fear of persecution and goes to the heart of the claim.” Singh v. Gonzales, 439 F.3d 1100, 1108 (9th Cir.2006) (internal quotation marks and alteration omitted). Here, Yang claimed in his second asylum application and in the merits hearing before the immigration judge that he was persecuted (including being detained by the police and beaten for three days) based on his Christian religion. Yet, Yang failed to allege any claim of religious persecution during his initial airport interview, during his initial asylum interview with an asylum officer, or in his first submitted asylum application. Yang instead affirmatively denied having been mistreated or detained in China. This failure to assert a claim of religious persecution in his initial proceedings was a significant omission that was material to his claim of persecution and went to the heart of the matter. See Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir.2011) (“Material alterations in the applicant’s account of…

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