Yi Yuan Yang v. Gonzales

Good Law
150 F. App'x 735
United States Court of Appeals for the Ninth CircuitOctober 19, 2005No. 04-72958California401 words

Opinion

Lead Opinion

MEMORANDUM **

Yi Yuan Yang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s denial of his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review adverse credibility findings for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition for review.

The BIA’s adverse credibility determination was based on inconsistencies between Yang’s testimony and a letter writ *736 ten by Yang’s wife regarding an encounter with Chinese officials. Because these inconsistencies go to the heart of Yang’s asylum claim, substantial evidence supports the BIA’s adverse credibility finding. See id. at 1043 (explaining that one material inconsistency can be sufficient to support an adverse credibility determination.)

Even if Yang testified credibly, the record supports the BIA’s conclusion that Yang did not suffer from past persecution based upon the imposition of a fine and the destruction of his home. See Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995) (“persecution is an extreme concept that does not include every…

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