Jie Cui v. Eric H. Holder Jr., 712 F.3d 1332 (9th Cir. 2013). · Go Syfert
Jie Cui v. Eric H. Holder Jr., 712 F.3d 1332 (9th Cir. 2013). Cases Citing This Book View Copy Cite
“cui's ability to travel to mexico, his lack of efforts to then enter the united states, and his voluntary decision to return to china go to the heart of his asylum claim because they undermine his assertions that he feared persecution.”
87 citation events (87 in the last 25 years) across 1 distinct court.
Strongest positive: He v. Blanche (ca9, 2026-05-08)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) He v. Blanche
9th Cir. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
he applicant's failure to corroborate testimony can be fatal to asylum application.
examined Cited as authority (verbatim quote) Baolin Chang v. Todd Blanche
9th Cir. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
cui's ability to travel to mexico, his lack of efforts to then enter the united states, and his voluntary decision to return to china go to the heart of his asylum claim because they undermine his assertions that he feared persecution.
discussed Cited as authority (verbatim quote) Wu v. Garland
9th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
if the trier of fact either does not believe the applicant or does not know what to believe, the applicant's failure to corroborate testimony can be fatal to his asylum application.
discussed Cited as authority (quoted) Fang Dong v. Merrick Garland
9th Cir. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
because cui does not address withholding or cat relief in his brief, he waived any objections to the denial of these requests.
discussed Cited as authority (quoted) Zejun Lei v. Merrick Garland
9th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence low
because does not address withholding or cat relief in his brief, he waived any objections to the denial of these requests.
discussed Cited as authority (quoted) Silvia Hercules-De Rodriguez v. Robert Wilkinson
9th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
because does not address withholding . . . relief in his brief, he waived any objections to the denial of request.
discussed Cited as authority (rule) Castillo-Lopez v. Garland
9th Cir. · 2024 · confidence medium
When a petitioner fails to corroborate non-credible testimony, as is the case here, it “can be fatal to his asylum application.” Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013) (quotations omitted). “[W]here, as here, the claim for withholding is based on the same facts as the claim for asylum, the failure to establish eligibility for asylum results in the failure to demonstrate eligibility for withholding.” Id. at 1338 n.3.
discussed Cited as authority (rule) Carlos Contreras Rivas v. Merrick Garland
9th Cir. · 2024 · confidence medium
Contreras claims that the agency did not give him an opportunity to explain certain inconsistencies in his testimony and failed to give specific and cogent reasons for rejecting the explanations he did provide.1 See Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013); Campos-Sanchez v. INS, 164 F.3d 448, 450 (9th Cir. 1999).
cited Cited as authority (rule) Singh v. Garland
9th Cir. · 2023 · confidence medium
Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013).
discussed Cited as authority (rule) MINGNAN DONG V. MERRICK GARLAND
9th Cir. · 2022 · confidence medium
Rather, we examine the record to see whether substantial evidence supports that conclusion and determine whether the reasoning employed by the [agency] is fatally flawed.’” Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013) (quoting Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002)); see also Shrestha, 2 590 F.3d at 1042 (“Despite our recognition that agency credibility determinations deserve substantial deference, the REAL ID Act does not give a blank check to the IJ enabling him or her to insulate an adverse credibility determination from our review of the reasonableness of that deter…
cited Cited as authority (rule) Trung Phan v. Merrick Garland
9th Cir. · 2021 · confidence medium
We must “uphold the BIA’s findings unless the evidence compels a contrary result.” Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013).
cited Cited as authority (rule) Zuliema Guerrero-Esperanza v. Robert Wilkinson
9th Cir. · 2021 · confidence medium
Second, the IJ’s implausibility findings for the second police encounter and gang members incident were “fatally flawed.” Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013) (citation omitted).
cited Cited as authority (rule) Jaspal Singh v. William Barr
9th Cir. · 2020 · confidence medium
We review for substantial evidence, Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013), and we affirm.
cited Cited as authority (rule) Hanjun Shen v. William Barr
9th Cir. · 2020 · confidence medium
Jie Cui v. Holder, 712 F.3d 1332, 1335-38 (9th Cir. 2013). 3.
discussed Cited as authority (rule) Veronica Morehead v. William Barr
9th Cir. · 2019 · confidence medium
We review de novo the BIA’s determination of constitutional and legal questions, including claims of due process violations, see id., and we review any administrative findings of fact for substantial evidence, meaning we uphold the agency’s findings unless the evidence compels a contrary result, see 8 U.S.C. § 1252 (b)(4)(B); Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013).
discussed Cited as authority (rule) Rajeev Kapil v. Jefferson Sessions
9th Cir. · 2018 · confidence medium
We review the factual findings and credibility determinations of the Board of Immigration Appeals (“Board”) for substantial evidence, and we “uphold the [Board]’s findings unless the evidence compels a contrary result.” Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013).
discussed Cited as authority (rule) Li Cheng v. Jefferson Sessions
9th Cir. · 2017 · confidence medium
MEMORANDUM ** “We review the BIA’s findings of fact, including credibility findings, for substantial evidence and uphold the BIA’s findings unless the evidence compels a contrary result.” Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013), Cheng has presented no evidence that the 1-213 form was inaccurate, see Espinoza v. INS, 45 F.3d 308, 310 (9th Cir. 1995), and has not exhausted his claim that the 1-826 form was improperly admitted.
discussed Cited as authority (rule) Bhinder Singh v. Jefferson Sessions
9th Cir. · 2017 · confidence medium
Adverse credibility determinations are factual findings that must be upheld “unless the evidence compels a contrary result.” See Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013); accord 8 U.S.C. § 1252 (b)(4)(B).
cited Cited as authority (rule) Yongjian Song v. Loretta E. Lynch
9th Cir. · 2016 · confidence medium
Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir.2013).
cited Cited as authority (rule) Ai Lin v. Loretta E. Lynch
9th Cir. · 2016 · confidence medium
We affirm the BIA’s decision because the evidence does not “corn-pelt ] a contrary result.” Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir.2013).
discussed Cited as authority (rule) Hui Liang v. Loretta E. Lynch (2×) also: Cited "see"
9th Cir. · 2016 · confidence medium
Jie Cui v. Holder, 712 F.3d 1332, 1336-37 (9th Cir.2013) (noting that under the pre-REAL ID Act requirements, inconsistencies must “go to the heart” of the petitioner’s case-the events underlying the claim of persecution).
cited Cited as authority (rule) Cheng Xu v. Eric Holder, Jr.
9th Cir. · 2014 · confidence medium
Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir.2013).
discussed Cited as authority (rule) Sarfroz Maknojia v. Eric Holder, Jr. (2×) also: Cited "see"
9th Cir. · 2014 · confidence medium
“We review the BIA’s findings of fact, including credibility findings, for substantial evidence and uphold the BIA’s findings unless the evidence compels a contrary result.” Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir.2013) (citation omitted).
discussed Cited as authority (rule) Binghui Han v. Eric Holder, Jr.
9th Cir. · 2014 · confidence medium
See id. at 1043-44 ; Cui v. Holder, 712 F.3d 1332, 1337-38 (9th Cir. 2013) (substantial evidence supported adverse credibility finding based in part on implausible testimony).
discussed Cited as authority (rule) Vikrant Mishra v. Eric Holder, Jr.
9th Cir. · 2014 · confidence medium
We review “the BIA’s findings of fact and credibility findings for substantial evidence and uphold the BIA’s findings unless the evidence compels a contrary result.” Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir.2013) (citation omitted).
cited Cited as authority (rule) Youfu Sui v. Eric Holder, Jr.
9th Cir. · 2013 · confidence medium
Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir.2013).
cited Cited "see" Villalobos v. Garland
9th Cir. · 2024 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013).
cited Cited "see" Lin v. Garland
9th Cir. · 2023 · signal: see · confidence high
See Jie Cui v. Holder, 712 F.3d 1332, 1337 (9th Cir. 2013); Loho v. Mukasey, 531 F.3d 1016, 1018 (9th Cir. 2008).
discussed Cited "see" V.M. v. Merrick Garland
9th Cir. · 2023 · signal: see · confidence high
See Jie Cui v. Holder, 712 F.3d 1332, 1337 (9th Cir. 2013) (actions inconsistent with petitioner’s claim for asylum supported adverse credibility determination).
cited Cited "see" Tingting Cong v. Merrick Garland
9th Cir. · 2023 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332 , 4 1338 n.3 (9th Cir. 2013).
cited Cited "see" Miguel Santana-Gutierrez v. Merrick Garland
9th Cir. · 2022 · signal: see · confidence high
See Jie Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013).
discussed Cited "see" Jianhua Shen v. Merrick Garland
9th Cir. · 2022 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332, 1337 (9th Cir. 2013) (holding that the petitioner’s “ability to travel [abroad], his lack of efforts to then enter the United States, and his voluntary decision to return to China … undermine[d] his assertions that he feared persecution” and supported an adverse credibility determination).
discussed Cited "see" Lian Lim v. Merrick Garland
9th Cir. · 2022 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013) (stating that a petitioner waives an argument for CAT relief if it is not raised in the opening brief). 4 Even if Petitioners had not waived their claim for protection under the CAT, the claim would be without merit.
discussed Cited "see" Cesar Mendoza-Escalante v. Merrick Garland
9th Cir. · 2022 · signal: accord · confidence high
Under this standard, the agency’s findings of fact are “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B); accord Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013).
discussed Cited "see" Claudia Azucena-Merino v. Merrick Garland
9th Cir. · 2022 · signal: see · confidence high
“Issues raised in a brief which are not supported by argument are deemed abandoned.” Crime Just. & Am., Inc. v. Honea, 876 F.3d 966, 978 (9th Cir. 2017) (internal quotation marks and citation omitted); see Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013) PETITION DENIED. 2 In light of the foregoing determinations, we need not reach the agency’s conclusions regarding whether Azucena-Merino’s proposed PSGs were cognizable or whether internal relocation was feasible. 4
cited Cited "see" Francisco Vera-Alamillas v. Merrick Garland
9th Cir. · 2022 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013).
cited Cited "see" Shou Xie v. Merrick Garland
9th Cir. · 2021 · signal: see · confidence high
See Jie Cui v. Holder, 712 F.3d 1332 , without oral argument.
discussed Cited "see" Vilma Nieto-Silva v. Merrick Garland
9th Cir. · 2021 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013) (holding that the petitioner “waived any objections” to the denial of withholding of removal or CAT relief by not addressing either issue in his brief).
discussed Cited "see" Avtar Heera v. Merrick Garland (2×)
9th Cir. · 2021 · signal: see · confidence high
See Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013).
discussed Cited "see" Felicia Awuzda v. William Barr
9th Cir. · 2020 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013). 5 of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A). “[P]ersecution is an ‘extreme concept,’ [and] it ‘does not include every sort of treatment our society regards as offensive.’” Gu v. Gonzales, 454 F.3d 1014, 1019 (9th Cir. 2006) (quoting Al-Saher v. INS, 268 F.3d 1143, 1146 (9th Cir. 2001)).
cited Cited "see" Masedonia Castaneda Tellez v. William Barr
9th Cir. · 2020 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013).
cited Cited "see" Edwin Garcia-Maldonado v. William Barr
9th Cir. · 2020 · signal: see · confidence high
See Jie Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013). 2 officer and from his affidavit.
cited Cited "see" Juan Alvarado Hernandez v. William Barr
9th Cir. · 2019 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013). 2 Alvarado argues the BIA misinterpreted his testimony regarding the location of four of his five sisters.
cited Cited "see" Zhou Haung v. William Barr
9th Cir. · 2019 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013). 3
discussed Cited "see" Lkhagvaa Tseren v. William Barr (2×)
9th Cir. · 2019 · signal: see · confidence high
See Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013).
cited Cited "see" Jianguo Wu v. Jefferson Sessions
9th Cir. · 2017 · signal: see · confidence high
See Jie Cui v. Holder, 712 F.3d 1332, 1337-38 (9th Cir. 2013). 2.
cited Cited "see" Silvia Escalante-Tellez v. Jefferson Sessions
9th Cir. · 2017 · signal: see · confidence high
See Jie Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013).
cited Cited "see" Harjinder Singh-Kaur v. Loretta E. Lynch
9th Cir. · 2016 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332 , 1338 n.3 (9th Cir. 2013).
cited Cited "see" Muhammad Shera v. Loretta E. Lynch
9th Cir. · 2016 · signal: see · confidence high
See Jie Cui v. Holder, 712 F.3d 1332, 1337-38 (9th Cir.2013).
discussed Cited "see" Hmayak Grishchyan v. Loretta E. Lynch (2×)
9th Cir. · 2015 · signal: see · confidence high
See Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir.2013).
Retrieving the full opinion text from the archive…
JIE CUI, AKA Chet Chui, Petitioner,
v.
Eric H. HOLDER, Jr., Attorney General, Respondent
08-72936.
Court of Appeals for the Ninth Circuit.
Apr 10, 2013.
712 F.3d 1332
Cindy S. Chang of Walnut, CA, for Petitioner., Michael F. Hertz, acting Assistant Attorney General; M. Jocelyn Lopez Wright, Charles S. Greene, III (argued), and Judith R. O’Sullivan, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.
Andrew, Callahan, Consuelo, Hurwitz, Ikuta, Sandra.
Cited by 71 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: #28,858 of 633,719
Citer courts: Ninth Circuit (3)

OPINION

CALLAHAN, Circuit Judge:

Jie Cui, a native of China, seeks asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Cui claims that he has been, and will be, persecuted because of his practice of Da Zang Gong (“DZ Gong”). The Immigration Judge (“IJ”) and Board of Immigra[*1334] tion Appeals (“BIA”) found that Cui was not credible. We affirm because the adverse credibility determination is adequately supported by the record and goes to the heart of his claim.

I

Cui was born in China in 1969 and attended Harbin University of Science and Technology, majoring in mechanical engineering. While at the university he joined the student democracy movement and helped lead demonstrations. Cui states that he was then investigated by the Communist Party and used as an example of having an incorrect “deep western freedom belief.”

In 1992, after graduation, Cui was assigned to a machine factory but, because of his record in the student movement, he “was given nothing to do but receive political belief education everyday.” He claims he was attacked by a Communist party officer in the factory because he secretly listened to a banned radio program.

In 1994, Cui met Master Yu Qi, the leader of DZ Gong, a teaching of Tibetan Buddhism. Cui was curious about the teaching and anxious to leave the factory, so he became a disciple of Master Yu. From 1994 to 1999, Cui traveled to different places in China arranging for and holding classes in DZ Gong.

Cui claims that in October 1999, two police officers came to his house, told him that DZ Gong was now a banned religious organization, confiscated his DZ Gong materials, and told him not to conduct further activities relating to DZ Gong. Cui states that thereafter authorities frequently came to his house to threaten him and to discourage him from practicing DZ Gong, but he continued to practice in secret.

Cui alleges that one night in December 1999, when he was teaching a DZ Gong beginners’ class, four police officers came in and beat everyone with batons. He states that the officers arrested him and the other DZ Gong leader and took them to the police station where they were beaten, threatened and interrogated. Cui asserts that the officers questioned him about the whereabouts of Master Yu, and beat him when he said he did not know where Master Yu was. Cui was released after two weeks and warned that if he continued to practice DZ Gong, he would be detained even longer.

In his application for political asylum, Cui claimed that “[b]ecause of the tense atmosphere inside the country, on February 10, 2000, I and two other Gong teachers escaped to Mexico. Our purpose was to find a way to come to the United States and seek religious and political asylum.”

Cui claims that during his two years in Mexico he endured hardships because of the language barrier, different religious beliefs, a lack of friends and relatives, and the high cost of living. He further stated that he could not find a way to enter the United States and that it was difficult to promote DZ Gong in Mexico. He claims that with their money running out and feeling homesick, when he and his colleagues heard that police in China were not arresting people anymore, they returned to China in May 2002 to reunite with their families.

Cui states that just two days after he arrived home, the police came to his home to arrest him, but they did not find him because he was cleaning the basement. He then went to his home town in a farm village, where he thought he would be safe. However, a week later on May 21, 2002, when he was teaching DZ Gong, the police came and arrested him.

Cui alleges that he was detained for two weeks in one facility and beaten. He states that the authorities had learned of[*1335] his prior participation in the student movement and asked him questions about his role in the student movement as well as the whereabouts of Master Yu. He claims that they pushed his head into a bucket of water until he almost drowned, beat him with a baton on the back of his head until he passed out, made him stand outside in his underwear for a whole evening to feed the mosquitos, and on occasion denied him food.

Cui alleges that in June 2002, he was transferred to another jail, where he was again interrogated, beaten and tortured. He asserts that he was released at the end of November 2002 and warned that if he continued to practice DZ Gong he would again be arrested and detained for even longer.

Cui decided that DZ Gong would never be allowed in China, and after discussing the matter with his family, he left China for Mexico in March 2003, with the intent of seeking asylum in the United States. Within days of his arrival in Tijuana, Cui arranged to be smuggled into the United States. He relates that early in a morning he was hidden under a van, but half an hour later he was discovered by Border Patrol agents.

II

A Notice to Appear charged Cui with being removable for having entered the United States without a valid entry document. Cui eventually applied for asylum, [1] and after several continuances had a hearing before an Immigration Judge (“IJ”). Cui testified and offered two witnesses: Master Yu and Mr. Shuang-Xi Yang. Both were practitioners of DZ Gong who had been granted asylum. Both had known Cui in China, but could not testify as to Cui’s particular claims of persecution. After a final hearing on August 27, 2007, the IJ noted that Cui admitted the allegations in the Notice to Appear, found Cui not to be credible, and denied him asylum, withholding of removal, and CAT relief. The IJ based his adverse credibility determination on five inconsistencies, two material omissions, nine instances of inherently implausible testimony, and a lack of corroborative evidence. Cui appealed to the BIA.

The BIA issued an opinion finding that the IJ’s adverse credibility determination was not clearly erroneous and dismissing the appeal. The BIA stated:

While we do not agree with the whole of the credibility determination' — -particularly with, e.g., the finding that the respondent was inconsistent with respect to when he got his visa to visit Mexico in 1999 and about where he was when he was discovered listening to the unauthorized radio program- — 'we find that overall, other discrepancies, implausibilities, and the lack of corroborative evidence found by the Immigration Judge are sufficient to satisfy us that no clear error was committed in the rendering of the adverse credibility determination.

The BIA observed that the IJ correctly noted that Cui’s written statement failed to mention that he was required to report weekly to the police station after his 1999 detention ended or that he was under police supervision when he left China in 2003. The BIA noted that these allegations were[*1336] significant because Cui contends that he had to “escape” China and that the police were interested in him when he returned to China in 2003. The BIA further noted the lack of any corroborative evidence of Cui’s arrests or of the ban on DZ Gong. It also agreed with the IJ’s determination that it was “implausible that someone would travel all the way from China to Mexico, with the claimed purpose of applying for asylum in the United States, and ultimately simply return to China despite fears of harm awaiting him there.”

The BIA denied Cui’s request for withholding of removal and for CAT relief, commenting: “[I]n the absence of credible evidence reflecting any reason why the Chinese government would seek [Cui], there is no evidence of a clear probability of torture at the instigation of, or with the consent or acquiescence of, current government officials.”

Ill

Where, as here, the BIA’s decision incorporates part of the IJ’s opinion as its own, we review both. Aguilar-Ramos v. Holder, 594 F.3d 701, 704 (9th Cir.2010) (citing Molina-Estrada v. I.N.S., 293 F.3d 1089, 1093 (9th Cir.2002)). We review the BIA’s findings of fact, including credibility findings, for substantial evidence and uphold the BIA’s findings unless the evidence compels a contrary result. Alm aghzar v. Gonzales, 457 F.3d 915, 920 (9th Cir.2006); see also Shrestha v. Holder, 590 F.3d 1034, 1039, 1048 (9th Cir.2010). “While the substantial evidence standard demands deference to the IJ, ‘[w]e do not accept blindly an IJ’s conclusion that a petitioner is not credible. Rather, we examine the record to see whether substantial evidence supports that conclusion and determine whether the reasoning employed by the IJ is fatally flawed.’ ” Gui v. I.N.S., 280 F.3d 1217, 1225 (9th Cir.2002) (quoting Osorio v. I.N.S., 99 F.3d 928, 931 (9th Cir.1996)).

The applicant bears the burden of establishing eligibility for asylum through credible evidence. See Liu v. Holder, 640 F.3d 918, 925 (9th Cir.2011); Singh v. Ashcroft, 367 F.3d 1139, 1142 (9th Cir.2004); Ghaly v. I.N.S., 58 F.3d 1425, 1428 (9th Cir.1995). To prevail, an applicant must present substantial evidence that would support a finding that “any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); Ali v. Holder, 637 F.3d 1025, 1029 (9th Cir.2011). “We have held that the uncorroborated testimony of the applicant, if credible, may be sufficient to sustain the applicant’s burden.” See Jibril v. Gonzales, 423 F.3d 1129, 1133 (9th Cir.2005). “If the trier of fact either does not believe the applicant or does not know what to believe, the applicant’s failure to corroborate testimony can be fatal to his asylum application.” Sidhu v. I.N.S., 220 F.3d 1085, 1090 (9th Cir.2000); see also Malhi v. I.N.S., 336 F.3d 989, 993 (9th Cir.2003).

Here, because Cui filed his asylum application prior to May 11, 2005, the burden of proof provisions in the REAL ID Act of 2005 do not apply. Instead, “[w]hen the IJ denies asylum based ‘on an adverse credibility determination, he must provide specific, cogent reasons to support his determination ... [which] cannot be peripheral, but rather must go to the heart of petitioner’s claim.’ ” Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007) (quoting Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004)). In affirming the denial of relief in Don, we explained:

Don’s inability to “state as to when it was that this man who was the source of him having to flee his country started to work for him” went to the heart of Don’s claim because it involved the very event[*1337] upon which he predicated his claim for asylum. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001) (explaining that inconsistencies in the details of events that form the basis for the asylum claim, specifically “testimony about the events leading up to [petitioner’s] departure,” go to the heart of the claim, and support an adverse credibility finding); see also Singh v. Gonzales, 439 F.3d 1100, 1108 (9th Cir.2006) (affirming that “[a] single supported ground for an adverse credibility finding is sufficient if it relates to the basis for petitioner’s alleged fear of persecution and goes to the heart of the claim,” and “[a]n inconsistency goes to the heart of a claim if it concerns events central to petitioner’s version of why he was persecuted and fled”) (citations, alteration, and internal quotation marks omitted).

476 F.3d at 741-42.

IV

Cui’s allegations, if true, might render him eligible for asylum, but he has not demonstrated that the IJ’s credibility finding is not based on substantial evidence in the record. Rather than cite to the record, Cui primarily argues that the adverse credibility finding was based on misunderstanding and misinterpretation of the facts and not on the totality of the evidence. In support of his contention, Cui makes three legal arguments. First, citing Damaize-Job v. I.N.S., 787 F.2d 1332, 1337 (9th Cir.1986), Cui argues that discrepancies in an applicant’s testimony cannot be viewed as attempts to enhance his claim of persecution if they have no bearing on his credibility. Second, citing Lopez-Reyes v. I.N.S., 79 F.3d 908, 911 (9th Cir.1996), he asserts that an applicant’s testimony is not lacking in credibility simply because it includes details not described in the asylum application. Third, citing Maini v. I.N.S., 212 F.3d 1167, 1175 (9th Cir.2000), Cui argues that an IJ’s view of what a persecuted person should include in his asylum application has no weight in an adverse credibility finding. These arguments are unavailing.

Cui’s challenge to the adverse credibility determination fails to show that the determination was not supported by substantial evidence. The IJ’s determination that Cui’s account of his two-year stay in Mexico and decision to return to China is incredible goes to the heart of his asylum claim. The IJ reasonably found that, if Cui’s reason for going to Mexico was to escape political or religious persecution by seeking asylum in the United States, he surely would have made some attempt to enter the United States during the two years he resided in Mexico. Cui offers no explanation for his actions consistent -with his alleged fear of persecution, but his testimony does suggest a much more likely motive for the trip: to teach DZ Gong in Mexico. Moreover, when the IJ asked him to explain his actions in Mexico, Cui was vague and evasive. The IJ also reasonably found that if Cui really feared persecution in China, he would have sought asylum in Mexico, and would not have chosen instead to voluntarily return to China. See Loho v. Mukasey, 531 F.3d 1016, 1017-18 (9th Cir.2008) (holding that “[i]t is well established in this court that an alien’s history of willingly returning to his or her home country militates against a finding of past persecution or a well-founded fear of future persecution”). Cui’s ability to travel to Mexico, his lack of efforts to then enter the United States, and his voluntary decision to return to China go to the heart of his asylum claim because they undermine his assertions that he feared persecution.

Similarly, Cui’s faulty memory of whether he had to report to the police after his arrest in 1999 and his vague, if not inconsistent, statements about whether he had to report to the police when he returned to China in 2002 are problematic. It is rea[*1338] sonable to expect an individual to remember whether he had been ordered to report to the police on a weekly basis. Furthermore, the lack of any corroborative evidence of Cui’s arrests and beatings or of the arrests and beatings of other DZ Gong members is especially damaging where, as here, the “trier of fact either does not believe the applicant or does not know what to believe.” [2] Sidhu, 220 F.3d at 1090.

In sum, although Cui’s story, if true, might show persecution, the inconsistencies noted by the BIA are such that we are not compelled to accept it. Cui’s inconsistent statements concerning police surveillance, his failure to explain why he did not seek to enter the United States during his two-year-stay in Mexico, and his voluntary return to China from Mexico, provide an adequate basis for the adverse credibility finding. See Jibril, 423 F.3d at 1135 (holding that testimony that is implausible in light of the background evidence can support an adverse credibility determination). Moreover, they go to the heart of Cui’s asylum claim because they undermine his contention that he had to “escape” from China. The petition is DENIED. [3]

1

. Usually, an asylum application must be filed within a year of a person’s entry into the United States. 8 U.S.C. § 1158(a)(2)(B). An untimely application may be considered when the Attorney General finds that extraordinary circumstances justify the delay in filing. 8 U.S.C. § 1158(a)(2)(D). Here, the IJ found the requisite extraordinary circumstances, noting that Cui’s "failure to file his asylum application within one year of his arrival was beyond [his] control.” The Government does not challenge this finding.

2

. Neither of Cui s witnesses, Master Yu and Mr. Shuang Xi, had any personal knowledge of Cui's arrests. Neither had seen Cui between the summer of 1993 and 2003.

3

. The BIA denied Cui’s requests for asylum, withholding of removal and relief under the CAT. Because Cui does not address withholding or CAT relief in his brief, he waived any objections to the denial of these requests. See McMillan v. United States, 112 F.3d 1040, 1047 (9th Cir.1997). In any event, where, as here, the claim for withholding is based on the same facts as the claim for asylum, the failure to establish eligibility for asylum re-suits in the failure to demonstrate eligibility for withholding. See Halaim v. I.N.S., 358 F.3d 1128, 1132 (9th Cir.2004). While a petitioner can demonstrate eligibility for CAT relief despite an adverse credibility finding if “the State Department reports, standing alone, compelf] the conclusion that [petitioner] is more likely than not to be tortured” upon return, the State Department reports in this case do not compel such a conclusion. See Dhital v. Mukasey, 532 F.3d 1044, 1051 (9th Cir.2008) (quoting Almaghzar, 457 F.3d at 922-23).