Yu Chen v. Eric Holder, Jr.

MEMORANDUM

Yu Ying Chen, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s 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 factual findings, Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on Chen’s failure to mention that she was forcibly sterilized during either of her interviews at the airport. See Liu v. Holder, 640 F.3d 918, 926 (9th Cir.2011); Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir.2011) (explanation was plausible, but record did not compel the finding that the IJ’s unwillingness to believe it was erroneous). The agency’s adverse credibility determination is also supported by the discrepancies between Chen’s statements at the airport and her testimony regarding the circumstances of her arrest and release from custody, as well as the expert testimony that Chen’s fine receipt was likely…