Mei Tin Xiao v. Holder

320 F. App'x 738

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 30, 2009
• Docket: No. 05-70578
• Status: Published

Opinion

MEMORANDUM

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Mei Tin Xiao, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001), and we deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination because the discrepancy between Xiao’s testimony and the documentary evidence regarding the number of times his wife was forcibly sterilized goes to the heart of his claim. See id. Accordingly, Xiao’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.