Yambao

Yambao v. Gonzales

Good Law
168 F. App'x 231
United States Court of Appeals for the Ninth CircuitFebruary 21, 2006No. 04-76508California309 words

Opinion

Lead Opinion

MEMORANDUM **

Wilma Yambao, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration *232 judge’s (“IJ”) order denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Lim v. INS, 224 F.3d 929, 932 (9th Cir.2000), and we deny the petition for review.

The IJ made an adverse credibility finding based on numerous inconsistencies both within Yambao’s testimony and between her testimony and her asylum application and the medical reports she submitted. Yambao submitted medical evidence regarding the effect of her psychological condition upon her ability to testify consistently. However, considering this evidence, Yambao’s failure to produce any evidence to support her claim that she and her four children were persecuted by the New People’s Army (“NPA”) constitutes substantial evidence supporting the adverse credibility determination. See Sidhu v. INS, 220 F.3d 1085, 1091 (9th Cir.2000).

Further, even if her testimony is taken as true, the extortion and other acts that Yambao claims the NPA perpetrated do…

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