Nian

MEMORANDUM

Bao Tai Nian (“Bao”), a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). For the reasons discussed in a separate opinion filed concurrently with this memorandum disposition, we have jurisdiction under 8 U.S.C. § 1252 (a)(1). We deny the petition for review.

Substantial evidence supports the BIA’s conclusion that Bao was not credible with regard to his claim of persecution on account of his violation of China’s one-child policy. There was a ten-year discrepancy between Bao’s testimony that he received sterilization notices in 1986 or 1987, and the sterilization notices, dated in 1995 and 1997, which he submitted in evidence. This inconsistency goes to the heart of Bao’s pre-REAL ID Act claim. See Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000) (sustaining adverse credibility determination based in part on a two-month inconsistency between testimony and documentary evidence concerning date of the alleged incident of persecution).

Substantial evidence also supports the BIA’s conclusion that Bao…