Yuan Xi Ding v. Gonzales

Good Law
156 F. App'x 978
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-72977; Agency No. A95-589-230California270 words

Opinion

Lead Opinion

MEMORANDUM **

Yuan Xi Ding, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“U”) denial of his applications for asylum and withholding of removal and for relief under the Convention Against Torture (“CAT”). 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.

Substantial evidence supports the IJ’s adverse credibility finding based on inconsistencies between petitioner’s application and testimony regarding whether officials ordered petitioner or his wife to appear for sterilization in March of 2001, and whether petitioner subsequently went into hiding, and the failure to provide easily available corroborating evidence. See id. at 1043-45 ; see also Sidhu v. INS, 220 F.3d 1085, *979 1092 (9th Cir.2000) (stating that if the IJ has a reason to question the alien’s credibility, and the alien fails to produce easily available corroborating evidence, then the adverse credibility finding will withstand appellate review).

Because petitioner failed to…

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