SUMMARY ORDER
Petitioner Jin Rong Wu, pro se, a native and citizen of the People’s Republic of China, seeks review of a January 10, 2006 order of the BIA affirming the September 16, 2004 decision of Immigration Judge (“IJ”) Paul A. Defonzo denying petitioner’s application for asylum, withholding of removal, and relief under the Convention Against Torture. In re Jin Rong Wu, No. A 97 384 721 (B.I.A. Jan. 10, 2006), aff'g No. A 97 387 721(Immig. Ct. N.Y. City September 16, 2004). We assume the parties’ familiarity with the underlying facts and procedural history in this case.
When the BIA affirms the IJ’s decision in some respects but not others, this Court reviews the IJ’s decision as modified by the BIA decision, minus those arguments for denying relief that were rejected by the BIA. Xue Hong Yang v. U.S. Dep’t of Justice,
Substantial evidence supports the IJ’s and BIA’s adverse credibility determinations. The IJ and BIA accurately observed that Wu omitted from his airport interview any reference to his wife having undergone a forced sterilization. Additionally, the BIA reasonably determined that Wu’s statement that he “had too many children” failed to sufficiently indicate that his wife’s forced sterilization was the basis for his asylum claim. Similarly, the IJ and BIA reasonably identified an inconsistency between Wu’s testimony and airport statement, in that, at his airport and credible fear interviews, Wu denied ever having been arrested, but indicated at the hearing and in his credible fear interview that he had been arrested and detained after arguing with the family planning officials. These incidents were material to Wu’s claim and, when measured against the entire record, support the BIA’s and IJ’s
Moreover, any argument that the IJ erroneously relied on the airport statement is unavailing. The record reveals that the airport statement clearly comports with the factors used to evaluate reliability set forth in Ramsameachire v. Ashcroft,
Because the only evidence of a threat to the Wu’s life or freedom or a risk of torture depended upon his credibility with respect to his family planning claim, the adverse credibility determination in this case necessarily precludes success on the claim for withholding of removal and relief under the CAT. See Paul v. Gonzales,
For the foregoing reasons, the petition for review is DENIED. The pending motion for a stay of removal in this petition is DENIED as moot.
