Yongji Quan v. Gonzales

*897 MEMORANDUM ***

Petitioner Yongji Quan petitions for review of the Board of Immigration Appeals (“BIA”) decision, which substantially adopted the Immigration Judge’s (“IJ”) written opinion that denied asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). 1 Quan argues that the IJ did not base her adverse credibility determination on substantial evidence and the IJ violated his due process rights. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny the petition as to the asylum and withholding of removal claims; we vacate and remand the IJ’s decision as to the CAT claim.

Substantial evidence supports the IJ’s finding that Quan was not credible. 2 The discrepancies regarding the police beating and other deprivations that allegedly occurred during Quan’s detention are substantial and bear a legitimate nexus to his claims for asylum and withholding of removal. 3 Accordingly, we deny the petition with respect to Quan’s asylum and withholding of removal claims.

An adverse credibility determination does not necessarily preclude relief under the CAT. 4 In assessing the availability of relief under the CAT, the IJ must consider “ ‘all…