Zhu Qiang Chen 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 Zhu Qiang Chen’s application for asylum. As the parties are familiar with the factual and procedural history of this case, we do not recount them here.

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 (citations and internal quotation marks omitted).

2. The BIA cited inconsistencies between Mr. Chen’s written application for asylum and his oral testimony sufficient to satisfy this standard. In his asylum application, for example, Mr. Chen described two separate incidents to support his claim: (1) He claims that because he had not paid a fine following his adoption of the abandoned baby girl, family planning…