Si Ni v. Eric Holder, Jr.

MEMORANDUM

Petitioner Si Si Ni, a native and citizen of China, petitions for review of a decision from the Board of Immigration Appeals (“BIA”) in which the BIA dismissed his appeal from the immigration judge’s (“IJ”) adverse credibility finding and denial of relief in the form of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for review.

Where the BIA conducts its own review of the evidence and law rather than adopting the Id’s decision, “our review is limited to the BIA’s decision, except to the extent the IJ’s opinion is expressly adopted.” Hosseini v. Gonzales, 471 F.3d 953, 957 (9th Cir.2006) (internal quotation marks omitted). We review legal questions de novo and review factual findings, including adverse credibility determinations, for substantial evidence. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011).

Substantial evidence supports the agency’s adverse credibility determination. First, it properly relied on inconsistencies in Ni’s testimony regarding whether his wife had medical treatment while pregnant with their first daughter. See…