Tian Hao Lei v. Ashcroft

MEMORANDUM **

Tian Hao Lei (Lei) petitions for review of a per curiam decision of the Board of Immigration Appeals (BIA), which affirmed a decision of the Immigration Judge (IJ) denying Lei asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The BIA conducted an independent review of the record and issued a reasoned decision affirming the IJ’s factual findings. Thus, we review the BIA’s decision as the final agency decision in the case. See Pal v. INS, 204 F.3d 935 , 937 n. 2 (9th Cir.2000).

We review the factual findings supporting the BIA’s decision for substantial evidence. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 483-484, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). “[T]he [BIA’s] administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary[.]” 8 U.S.C. § 1252 (b)(4)(B); see also Elias-Zacarias, 502 U.S. at 483-484 .

The BIA affirmed the IJ’s finding that Lei’s testimony was not credible. An IJ’s adverse credibility determination is entitled to “considerable deference.” Hartooni v. INS, 21 F.3d 336, 340 (9th Cir.1994); see also Singh-Kaur v. INS, 183 F.3d 1147,…