Dong An Yang v. Mukasey

MEMORANDUM ****

Dong An Yang, a Chinese citizen and practitioner of Falun Gong, petitions for review of an order of the Board of Immigration Appeals summarily affirming an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We review the IJ’s determination that an applicant has not established asylum eligibility for “substantial evidence.” Zi Tang v. Gonzales, 489 F.3d 987, 989-90 (9th Cir.2007). The IJ found that Yang was not a credible witness. An adverse credibility determination must be based on “specific, cogent reasons” found in the record. Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir.2006). The REAL ID Act of 2005 (“the REAL ID Act”) describes the bases upon which an IJ may make an adverse credibility determination in applications for relief, such as Yang’s, filed after May 11, 2005. 1 8 U.S.C. § 1158 (b)(l)(B)(iii). The REAL ID Act, however, did not alter our substantial evidence standard of review.

Here, the IJ based its adverse credibility determination upon specific and cogent reasons satisfying our precedent. Yang submitted falsified police reports purporting to…