Bin Bin Yang v. Holder

Good Law
356 F. App'x 76
United States Court of Appeals for the Ninth CircuitDecember 1, 2009No. 06-70104California334 words

Opinion

Lead Opinion

MEMORANDUM **

Bin Bin Yang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s decision to deny his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) on the basis of adverse credibility determinations. We have jurisdiction under 8 U.S.C. § 1252 . After reviewing the factual findings for substantial evidence, see Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir.2006), we deny the petition for review.

The record does not compel reversal of the adverse credibility determinations because Yang testified inconsistently regarding his claim that family planning authorities attempted to force his fiancée to undergo an abortion. See 8 U.S.C. § 1158 (b)(l)(B)(iii) (providing that under the REAL ID Act, an immigration judge may base a credibility determination on the consistency of the applicant’s statements, regardless of whether it goes to the heart of the applicant’s claim); Kaur v. Gonzales, 418 F.3d 1061, 1067 (9th Cir. 2005) (inconsistencies deprive an applicant’s testimony of the requisite “ring of truth”). The record also establishes that Yang did not…

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