Wei Rong Huang v. Gonzales

MEMORANDUM *

Wei Rong Huang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ decision dismissing his appeal and affirming an Immigration Judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review an adverse credibility finding for substantial evidence, and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. See Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination because Huang’s testimony was both internally inconsistent and inconsistent with his asylum application. Because the inconsistencies went to the heart of Huang’s asylum claim—persecution based on his opposition to China’s family planning policies—substantial evidence supports the denial of asylum. See Li v. Ashcroft, 378 F.3d 959, 962-64 (9th Cir.2004). Since the IJ had a basis to doubt Huang’s credibility, the IJ could properly consider the lack of documentary evidence to corroborate Huang’s claim. See id. at 964 .

Because…