Xiaoyan Ba v. Gonzales
Xiaoyan Ba v. Gonzales
Opinion of the Court
MEMORANDUM
Xiaoyan Ba, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ summary affirmance
The “sum total” of the inconsistencies within Ba’s testimony, and between her testimony and written statement, regarding her practice of Falun Gong, provide substantial evidence to support the BIA’s adverse credibility finding. Pal v. INS, 204 F.3d 935, 940 (9th Cir. 2000). Moreover, we give special deference to the IJ’s demeanor finding. Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir. 1999) (IJ is in the position to observe the testimony of many petitioners).
In the absence of credible testimony, Ba failed to demonstrate eligibility for asylum, withholding of removal or relief under the CAT. See Farah v. Ashcroft, 348 F.3d 1153, 1156-57 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.