Fenxin Chen v. Eric Holder, Jr.

MEMORANDUM

Fenxin Chen petitions for review of the order of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ”) denial of his post-REAL ID Act of 2005 application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C, § 1252, and we deny in part and dismiss in part his petition.

Substantial evidence supports the agency’s determination, under the standards of the REAL ID Act, that Chen failed to present credible testimony in support of his application. A credibility determination must consider the totality of the circumstances and all relevant factors. The “inconsistency, inaccuracy, or falsehood” on which an adverse credibility determination relies need not “go[ ] to the heart of the applicant’s claim.” 8 U.S.C. § 1158 (b)(l)(B)(iii); Shrestha v. Holder, 590 F.3d 1034, 1046 (9th Cir.2010).

In making his adverse credibility finding, the IJ noted Chen’s “garbling of reli gious belief and popular culture.” Chen testified that he did not know what Easter was, but had told the asylum officer that it was the “turkey festival” and that the turkey had saved the people of the United…