Ying Chen v. Gonzales

MEMORANDUM **

Ying Chen petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of her claims for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”), as well as the BIA’s denial of her motion to remand. We review a decision by the BIA that an applicant has not established eligibility for asylum, or that she is not eligible for relief under the CAT, for substantial evidence. See Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998). 1 We review adverse credibility determinations for substantial evidence. Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003). Under the substantial evidence standard of review, we must consider whether “the evidence presented compels a reasonable factfinder to reach a contrary result.” Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996) (emphasis added). Chen argues that the BIA’s denial of her claims was based on an adverse credibility determination that was not supported by substantial evidence.

Although many of the purported “inconsistencies” noted by the Immigration Judge (“IJ”) were not supported by substantial evidence, see Zheng v. Ashcroft, 397 F.3d 1139, 1143-45 (9th Cir. 2005), the…