Cao

Wuhong Cao v. Holder

Good Law
363 F. App'x 445
United States Court of Appeals for the Ninth CircuitJanuary 21, 201007-71502California298 words

Opinion

Opinion

MEMORANDUM

Wuhong Cao, his wife Guisang Yang, and their two children, natives and citizens of China, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility finding based on the discrepancy regarding the family members’ departure for Peru following Yang’s alleged forced abortion, and based on the discrepancy regarding the number of times Yang was arrested. See id. (inconsistencies regarding “events leading up to [petitioner’s] departure and the number of times he was arrested” went to the heart of petitioner’s claim and supported adverse credibility determination). In the absence of credible testimony, petitioners’ asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th…

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