Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 05-1130
XU YANG,
Petitioner,
v.
ALBERTO GONZALES, ATTORNEY GENERAL,*
Respondent.
ON PETITION FOR REVIEW OF AN ORDER OF
THE BOARD OF IMMIGRATION APPEALS
Before
Boudin, Chief Judge,
Lynch and Lipez, Circuit Judges.
_____________________
Xu Yang on brief pro se.
Peter Keisler, Assistant Attorney General, Michelle E. Gorden,
Senior Litigation Counsel and Larry P. Cote, Trial Attorney, Office
of Immigration Litigation, Civil Division, on brief for respondent.
July 29, 2005
*Alberto Gonzales was sworn in as United States Attorney General
on February 3, 2005. We have substituted him for John Ashcroft,
previous holder of that office, as the respondent. See Fed. R.
App. P. 43(c)(2).
Per Curiam. Pro se petitioner Xu Yang ("Yang") seeks
review of a final order of removal issued by the Board of
Immigration Appeals ("BIA"), which affirmed, without opinion, the
decision of the Immigration Judge ("IJ") denying Yang's
applications for asylum, withholding of removal, and protection
under the Convention against Torture. Yang's only argument on
appeal is that the IJ erred in finding him not credible. The main
reason the IJ discounted Yang's testimony was because of
discrepancies, which the IJ recounted, between Yang's testimony at
the hearing and his affidavit in support of his application for
asylum. We have examined the record and find substantial evidence
to support the IJ's finding of discrepancies between Yang's
testimony and affidavit. These discrepancies are significant and
major, relating to dates and events that go to the heart of Yang's
asylum claim. They amply support the IJ's determination that Yang
was not a credible witness. See Bojorques-Villanueva v. INS, 194
F.3d 14, 17 (1st Cir. 1999) (upholding adverse credibility finding
based on multiple inconsistencies going to central facts of claim).
The BIA's order is affirmed. The petition for review is
denied.
-2-