Yingqiu Xu v. Gonzales

Good Law
148 F. App'x 641
United States Court of Appeals for the Ninth CircuitOctober 28, 2005No. 04-73534California315 words

Opinion

Lead Opinion

MEMORANDUM **

Yingqiu Xu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from the Immigration Judge’s (“IJ”) denial of her applications for asylum and withholding of removal, and request for relief under the Convention *642 Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding and will uphold the decision unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We deny the petition for review.

We conclude that substantial evidence supports the BIA’s and IJ’s decisions, because Xu’s testimony was inconsistent with her asylum application concerning several details that went to the heart of her claim, including details of the harsh treatment that she received in prison, the reason for her release from prison, and whether she was deprived of government housing due to her union activities. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). Additionally, the IJ’s negative assessment of Xu’s demeanor was detailed and cited particular examples in the testimony, and thus also…

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