Yongjiang Yu v. Mukasey

Good Law
306 F. App'x 367
United States Court of Appeals for the Ninth CircuitDecember 30, 2008No. 04-71101California341 words

Opinion

Lead Opinion

MEMORANDUM **

Yongjiang Yu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration *368 judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence adverse credibility findings, Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th Cir.2005), and we deny in part and dismiss in part the petition for review.

The BIA denied Yu’s asylum application as time-barred. Yu does not challenge this finding.

Substantial evidence supports the agency’s adverse credibility determination based on the demeanor finding as well as discrepancies regarding Yu’s entry into the United States and the date of his detention in China, because the repeated and significant inconsistencies in Yu’s testimony deprive his claim of the requisite “ring of truth”. See id. at 1067 ; Don v. Gonzales, 476 F.3d 738, 741-42, 743-44 (9th Cir.2007) (upholding an adverse credibility determination where petitioner demonstrated a lack of consistency about an important date and a…

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