"Yao's weak language skills; lack of and failure to get proper training; deficient and delayed work on the Listener program; and insubordination by refusing the performance improvement plan." Here I am just citing the memo. Are these true or not, or is there any truth in them or not?
And this is probably the final nail on the coffin, "Perhaps most telling is that when Yao was transferred from the RICPM/VIPER "Listener" project, Visa reassigned the project to another employee of the same national origin, Kin Yim. Decl. of Kin Yim at H 19."
The simple fact is that you failed to convince the judge that there was any discrimination because of your national origin. To be honest, from what you've posted so far, I personally don't see anything unfair, let along legally actionable, because of the fact that you are a Chinese.
