Suping Ding v. Gonzales

MEMORANDUM **

Suping Ding, a native and citizen of China, petitions for review of the dismissal by the Board of Immigration Appeals (BIA) of her appeal from the decision of an Immigration Judge (IJ), denying her application for asylum, withholding of removal, *419 and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (a)(5), and we deny the petition for review.

The IJ must articulate a legitimate basis for an adverse credibility determination and must offer specific, cogent reasons supported by substantial evidence. See Quan v. Gonzales, 428 F.3d 883, 885-86 (9th Cir.2005). The IJ concluded that Ding was not credible because she stated in her asylum interview in early 2004 that her husband had been arrested but had not received a sentence, and then stated inconsistently at the hearing that he had been sentenced in October 2003, before the asylum interview. But when given a chance to explain the inconsistency, Ding clarified that her parents did not tell her about her husband’s sentence in telephone conversations in October and December 2003 because they thought it would upset her. The IJ did not address Ding’s explanation, and…