Jincheng Liu v. Eric Holder, Jr.

MEMORANDUM

Jincheng Liu petitions for review of the Board of Immigration Appeals’s (“BIA”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition in part, grant in part, and remand for further proceedings.

Substantial evidence supports the immigration judge’s (“IJ”) determination that Liu’s claim regarding China’s coercive population control policy was not credible. The BIA affirmed this determination based on Liu’s omission from his asylum application of his wife’s forced abortion and the threat of sterilization directed at him. Under the REAL ID Act, “any inaccuracies, omissions of detail, or inconsistencies found by the IJ, regardless of whether they go to the ‘heart’ of a petitioner’s claim, may support an adverse credibility finding.” Tamang v. Holder, 598 F.3d 1083, 1093 (9th Cir.2010) (citation omitted). Liu’s omission of facts pivotal to his claim was significant and is sufficient to support an adverse credibility finding. See, e.g., Kin v. Holder, 595 F.3d 1050, 1057 (9th Cir.2010) (upholding adverse credibility finding where petitioners omitted…