Qin Ru Fan v. Ashcroft

MEMORANDUM **

We find sufficient evidence in the record to support the Board of Immigration Appeal’s (“BIA’s”) decision and therefore affirm its denial of Qin Ru Fan’s application for asylum. As the parties are familiar with the factual and procedural history of this case, we do not recount them here except as necessary to explain our decision.

1. “To deny asylum on credibility grounds, the BIA must have a ‘legitimate articulable basis to question the petitioner’s credibility, and must offer a specific, cogent reason for any stated disbelief.’ ” Abovian v. INS, 219 F.3d 972, 978 (9th Cir.2000) (quoting Hartooni v. INS, 21 F.3d 336, 342 (9th Cir.1994)). “Any reasons put forth in support of an adverse credibility finding must be substantial and bear a legitimate nexus to the [credibility] finding.” Id. at 978 (cita *690 tions and internal quotation marks omitted).

2. The BIA articulated reasons for its adverse credibility finding that were sufficient to satisfy this standard. The basis for Mr. Fan’s persecution claim was his testimony that his wife was forced to undergo an abortion in 1996. The BIA did not question that an abortion took place at that time, but articulated a…