Xianyi Cao v. Mukasey

MEMORANDUM ****

Xianyi Cao, a Chinese native and citizen, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Cao asserts that the Chinese government persecuted him on account of his disagreement with the Chinese government’s population control policy.

We review the BIA’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 BIA found that Cao 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 the BIA may make an adverse credibility determination in applications for relief, such as Cao’s, filed after May 11, 2005. 8 U.S.C. § 1158 (b)(l)(B)(iii). The REAL ID Act, however, did not alter our substantial evidence standard of review.

The BIA properly affirmed the IJ’s adverse credibility…