Xiao-Ying Xu v. Ashcroft

Good Law
102 F. App'x 542
United States Court of Appeals for the Ninth CircuitJune 17, 2004No. 02-72653California581 words

Opinion

Lead Opinion

MEMORANDUM *

Xiao-Ying Xu, a native and citizen of the People’s Republic of China, petitions for review of the summary affirmance by the Board of Immigration Appeals (BIA) of the denial of her application for asylum and withholding of deportation. As this is a streamlined case, we review the decision of the immigration judge (IJ). 8 C.F.R. § 1003.1 (a)(7). We deny the petition.

I

We review the IJ’s decision to see if there is substantial evidence to support it. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). This court may reverse the IJ’s factual findings only if “a reasonable factfinder would be compelled to find- the petitioner eligible for the relief sought.” Gomez-Saballos v. INS, 79 F.3d 912 , 914 (9th Cir.1996).

Here, the IJ’s decision was supported by substantial evidence and his adverse credibility determination was based on two reasons that are specific and cogent, and go the heart of Xu’s claim for asylum. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003). We do not consider (or embrace) other reasons, but believe that a reasonable factfinder could find Xu’s account of her second abortion *544 and decision to leave…

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