Yinghai Xia v. Eric H. Holder Jr.

MEMORANDUM

Yinghai Xia, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence factual findings. Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility finding based on the inconsistency between Xia’s written statement and his testimony regarding whether his mother was beaten when they were arrested. See Pal v. INS, 204 F.3d 935, 939-40 (9th Cir.2000) (inconsistencies between testimony and application regarding injuries petitioner received during assaults went to heart of claim); Wang v. INS, 352 F.3d 1250, 1259 (9th Cir.2003) (court is bound to accept ad verse credibility finding as long as one identified ground is supported and goes to heart of claim). Xia’s contention that he was not given a reasonable opportunity to explain the inconsistency is belied…