Ai Qin He 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 Ai Qin He’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 (citations and internal quotation marks omitted).

2. The BIA cited inconsistencies between the written documentation submitted by Ms. He and her testimony that was sufficient to satisfy this standard. First, Ms. He testified that her first child was born in June 1983, and that she became pregnant again in May 1985, and was forced to undergo an abortion in November 1985.…