Lijie Zhang v. Mukasey

MEMORANDUM **

Lijie Zhang, a native and citizen of China, seeks review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming an immigration judge’s (“IJ”) denial of Zhang’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The IJ denied Zhang’s claim based on an adverse credibility finding. We review adverse credibility determinations under the substantial evidence standard. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Where, as is true here in part, “the BIA adopts the IJ’s credibility determination, we look through the BIA’s decision to examine the IJ’s reasons for deeming the person not credible.” Bandari v. INS, 227 F.3d 1160, 1165 (9th Cir.2000). In contrast, where, as here with respect to the date of Zhang’s arrest, “the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions.” Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000).

1. The inconsistencies in the date of Zhang’s detention do not support the adverse credibility finding. Zhang’s initial statement that she was arrested on Sunday, June 23, 2002, rather than Tuesday, June 18, 2002, is a trivial inconsistency,…