Xiu Ying Lin v. Gonzales

MEMORANDUM *

Xiu Ying Lin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . Because the BIA affirmed the IJ’s decision without opinion, we review the IJ’s decision as the final agency determination. Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). We review the IJ’s factual findings for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition.

Substantial evidence supports the IJ’s adverse credibility determination based on discrepancies between Lin’s testimony regarding the beating of her grandmother and the medical records submitted by Lin. See id. at 1043 (stating that even one inconsistency that is not minor can be sufficient to establish that the IJ’s determination is based on substantial evidence). Lin was asked about the discrepancy and she failed to provide a satisfactory explanation. See de Leon-Barrios v. INS, 116 F.3d 391 , 393-94 (9th Cir.1997) (where…