Yongdong Huang v. Gonzales

MEMORANDUM **

Yongdong Huang, a citizen and native of China, petitions for review of the summary affirmance by the Board of Immigration Appeals (“BIA”) of the denial of his asylum petition by an Immigration Judge (“IJ”). We have jurisdiction under 8 U.S.C. § 1252 (a)(1). There was substantial evidence to support the IJ’s conclusion that Huang was not credible, and we deny the petition for review.

Because the BIA affirmed without opinion, we look through the BIA’s decision to examine the IJ’s adverse credibility determination. See Shire v. Ashcroft, 388 F.3d 1288, 1294 (9th Cir.2004). A conclusion that an asylum applicant is not credible must be supported by substantial evidence and the IJ must provide specific, cogent reasons for disbelieving the applicant. See id. at 1295 . We defer to the IJ’s decision, reversing “only if the evidence presented was so compelling that no reasonable fact-finder could find that the petitioner was not credible.” Id.

The IJ gave specific and cogent reasons why Huang was not credible. Huang’s testimony about his whereabouts after his release from custody in 1989 was inconsistent with his written statement. He admitted on cross-examination that he…