Yi-Ming Yao v. Gonzales

Good Law
175 F. App'x 797
United States Court of Appeals for the Ninth CircuitMarch 16, 2006No. 04-73948California246 words

Opinion

Lead Opinion

MEMORANDUM **

Yi-Ming Yao, a native and citizen of the People’s Republic of China, petitions for *798 review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) order denying his application 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 for substantial evidence, and may reverse only if the evidence compels a contrary conclusion. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination which was based on the IJ’s finding that Yao’s testimony was vague and evasive and contained inconsistencies that went to the heart of his claim regarding when his wife was pregnant, when his children were born, and whether his wife received documents from the family planning office regarding sterilization. See de Leon-Barrios v. INS, 116 F.3d 391 , 393-94 (9th Cir. 1997) (where discrepancies that are central to the claim are present and no satisfactory explanation has been provided, an adverse credibility finding is supported by the record). In the…

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