Yoong Ni v. Ashcroft

MEMORANDUM **

Yoong Ni, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of the immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (the “Convention”). The permanent rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 *642 apply, see Castro-Espinosa v. Ashcroft, 257 F.3d 1130 , 1131 n. 1 (9th Cir.2001) (order), and we deny the petition.

We review credibility findings of the IJ and BIA for substantial evidence and we uphold the adverse credibility finding unless the evidence compels a contrary result. Sin gh-Kaur v. INS, 183 F.3d 1147, 1149-50 (9th Cir.1999). Substantial evidence supports the adverse credibility finding because, among other reasons, Yoong Ni could not explain why the Fujian Province family planning officials would forcibly abort his wife’s fetus even though it was their first child, especially in light of the State Department Country Profile, which indicates that forcible abortions would not take place under these circumstances. See Chebchoub v. INS, 257 F.3d 1038,…