Yang

MEMORANDUM **

Petitioner De Ren Yang, a native and citizen of China, petitions for review of the decision of the Board of Immigration Appeals, which summarily affirmed, without opinion, the immigration judge’s (“IJ”) denial of his applications for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here. Because we do not find substantial evidence in the record to support the adverse credibility determination upon which the IJ’s decision rested, we grant the petition for review.

The IJ’s adverse credibility determination rested on the conclusion that Yang presented one story at the credible fear interview, presented another story in the asylum application, and presented both stories at the hearing before the IJ. At the credible fear interview, Yang made reference to the sterilization threats against himself. In the asylum application, Yang detailed the sterilization threats against his wife, as well as her forced sterilization, but did not mention the threats against himself. Lastly, at the hearing before the IJ, Yang testified regarding…

dissenting.

SILVERMAN, Circuit Judge.

I respectfully dissent. Yang’s asylum application was quite detailed and prepared with the assistance of a lawyer, yet makes no mention of any threat to sterilize him. I would hold that because this omission goes to the heart of his claim, substantial evidence supported the IJ’s adverse credibility finding. I would deny the petition.