Yang

Yang v. Ashcroft

Good Law
86 F. App'x 349
United States Court of Appeals for the Ninth CircuitJanuary 22, 2004No. 02-71434; Agency No. A77-958-097California586 words

Opinion

Lead Opinion

MEMORANDUM *

We uphold the BIA’s dismissal of Yang’s appeal.

Because the facts are known to the parties, we discuss them here only as necessary to render our decision.

The BIA and IJ rejected Yang’s claims because they found that she was not credible. The BIA’s credibility findings must be upheld unless “the evidence presented would compel a reasonable finder of fact to reach a contrary result.” Singh-Kaur v. INS, 183 F.3d 1147, 1149-50 (9th Cir.1999) (emphasis in the original) (internal quotation marks and citations omitted). Under the substantial evidence standard, the IJ “must have a legitimate articulable basis to question the petitioner’s credibility, and must offer a specific, cogent reason for any stated disbelief.” Hartooni v. INS, 21 F.3d 336, 342 (9th Cir.1994).

In this case the BIA and IJ offered a cogent reason for disbelieving Yang: her testimony was inconsistent with that of her aunt. In responding to repeated questions about Yang’s departure for the United *350 States and the political problems of Yang’s mother, Yang’s aunt never said anything about Yang’s mother’s house having been bombed.

Yang’s counsel first asked Yang’s aunt why Yang’s mother sent Yang to…

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