Xunze Li v. Eric Holder, Jr.

Good Law
573 F. App'x 642
United States Court of Appeals for the Ninth CircuitMay 19, 201412-71757California323 words

Opinion

Opinion

MEMORANDUM

Narendra Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the inconsistencies in the record regarding the city Kumar lived in, and who attacked him in 2009, and based on Ku-mar’s evasive testimony. See .id. at 1048 (adverse credibility determination was reasonable under the totality of circumstances). We reject Kumar’s contention that the inconsistencies were trivial. Further, Kumar’s explanations do not compel the opposite result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). We lack jurisdiction to consider…

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