Su Ou v. Eric Holder, Jr.

MEMORANDUM

Shiwen Ou, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (Board) order dismissing his appeal from an immigration judge’s (IJ) decision denying his application for asylum. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the Board’s adverse credibility determination because numerous inconsistencies existed between Ou’s application, his brother’s testimony and separate asylum application, including discrepancies between them household registers. See Kaur v. Gonzales, 418 F.3d 1061, 1066-67 (9th Cir. 2005) (numerous inconsistencies cast doubt on a petitioner’s story by creating an “indication of dishonesty”); Pal v. INS, 204 F.3d 935, 939-40 (9th Cir.2000) (adverse credibility finding supported where inconsistencies between testimony and application went to the heart of the claim).

We lack jurisdiction to consider both Ou’s due process claim and his argument that the IJ erred in finding he filed a frivolous asylum application, because Ou failed to raise these claims in…