Narrative Opinion Summary
Xiaoyi Xie, a Chinese national, petitioned for review of the Board of Immigration Appeals (BIA) decision, which upheld an Immigration Judge's denial of her application for withholding of removal. Jurisdiction is established under 8 U.S.C. § 1252. The review is conducted under the substantial evidence standard, as outlined in Chebchoub v. INS. The petition for review is denied. The BIA's adverse credibility finding is supported by substantial evidence, including: a lack of detail in critical aspects of Xie's testimony, inconsistencies within her statements, a demeanor assessment consistent with the record, and her failure to provide easily obtainable corroborating evidence. Consequently, her claim for withholding of removal is denied. The decision is not intended for publication and cannot be cited by courts in this circuit, as per Ninth Circuit Rule 36-3.
Legal Issues Addressed
Adverse Credibility Findingsubscribe to see similar legal issues
Application: The Board of Immigration Appeals' adverse credibility finding against Xiaoyi Xie is supported by substantial evidence, including inconsistencies and lack of corroboration.
Reasoning: The BIA's adverse credibility finding is supported by substantial evidence, including: a lack of detail in critical aspects of Xie's testimony, inconsistencies within her statements, a demeanor assessment consistent with the record, and her failure to provide easily obtainable corroborating evidence.
Jurisdiction under 8 U.S.C. § 1252subscribe to see similar legal issues
Application: The court has jurisdiction to review the Board of Immigration Appeals' decision denying Xiaoyi Xie's application for withholding of removal.
Reasoning: Jurisdiction is established under 8 U.S.C. § 1252.
Ninth Circuit Rule 36-3subscribe to see similar legal issues
Application: The decision is not intended for publication and cannot be cited by courts within the circuit.
Reasoning: The decision is not intended for publication and cannot be cited by courts in this circuit, as per Ninth Circuit Rule 36-3.
Standard of Review - Substantial Evidencesubscribe to see similar legal issues
Application: The court reviews the Board of Immigration Appeals' decision using the substantial evidence standard, as guided by precedent.
Reasoning: The review is conducted under the substantial evidence standard, as outlined in Chebchoub v. INS.
Withholding of Removal Denialsubscribe to see similar legal issues
Application: Due to the adverse credibility finding, Xiaoyi Xie's application for withholding of removal is denied.
Reasoning: Consequently, her claim for withholding of removal is denied.