Xia Yin Chen v. Immigration & Naturalization Service

MEMORANDUM **

This petition requires us to decide whether the Board of Immigration appeals (Board) properly rejected Chen’s asylum application. If the Board’s finding that Chen’s testimony was not credible is sustained, we will deny his petition.

The Board had jurisdiction pursuant to 8 C.F.R. §§ 3.1 (b)(3) and 240.53(a), and we have jurisdiction over this timely petition under 8 U.S.C. § 1252 (b).

Chen contends the Board erred in finding him not credible, in finding that the evidence presented failed to corroborate his asylum claim, and in concluding that he failed to establish his eligibility for asylum.

The Board found that Chen’s testimonial evidence was neither detailed nor credible with regard to the circumstances of his wife’s alleged forced sterilization. Based upon this finding, the Board properly considered Chen’s corroborating evidence. Cf Ladha v. INS, 215 F.3d 889, 901 (9th Cir.2000) (as amended) (holding that if an alien’s testimony is “unrefuted and credible, direct and specific” corroborating evidence is not required).

Here, the Board found that the evidence presented did not cure the omissions of detail or implausibilities of Chen’s testimony. Specifically,…