Fengxiang Gao v. Gonzales

MEMORANDUM **

Fengxiang Gao, a. native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the BIA’s and IJ’s decisions unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We deny the petition.

Substantial evidence supports the BIA’s and IJ’s denial of asylum based on an adverse credibility determination. Gao’s testimony was materially inconsistent with his statement to the asylum officer regarding a matter that goes to the heart of his asylum claim, namely, whether or not he practiced Falun Gong in China. See Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir. 2004) (holding that where asylum officer testifies regarding accuracy of interviewing procedures, inconsistencies between petitioner’s asylum interview testimony and merits hearing testimony form sufficient basis to uphold adverse credibility…