Yang

Yang v. Gonzales

Good Law
171 F. App'x 133
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 04-71279California392 words

Opinion

Lead Opinion

MEMORANDUM **

Jing Yang (“wife”), Jing Sheng Pan (“husband”), and their son, Zhen Yang Pan, natives and citizens of China, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“U”) order denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review adverse credibility findings for substantial evidence, Wang v. INS, 352 F.3d 1250, 1253 (9th Cir.2003), and review claims of due process violations de novo, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

The record supports the BIA’s adverse credibility determination because the wife testified inconsistently regarding when her intra-uterine device was removed and how she was notified her employment was terminated due to violation of family planning laws. See Wang, 352 F.3d at 1259 (so long as one of the identified grounds is supported by substantial evidence and goes to the heart of the claim, we are bound to accept the adverse credibility finding). The BIA also properly based its decision, in part, upon the…

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