Jian Cao v. Eric Holder, Jr.

MEMORANDUM

Jian Mei Cao, a native and citizen of China, petitions for review of a decision of the Board of Immigration Appeals (“BIA”). The BIA dismissed her appeal from an immigration judge’s decision denying her application for withholding of removal based on an adverse credibility finding. We affirm.

As an initial matter, the government argues 8 U.S.C. § 1252 (a)(2)(C) precludes jurisdiction in this case. We have jurisdiction to determine whether jurisdiction exists. Ramadan v. Gonzales, 479 F.3d 646, 649 (9th Cir.2007) (per curiam). We conclude jurisdiction exists because the BIA’s final order of removal was based not on Cao’s conviction, but rather on a determination that she had not satisfied the requisite burden of proof. See Bromfield v. Mukasey, 543 F.3d 1071, 1075 (9th Cir.2008).

We review adverse credibility findings under the “substantial evidence” standard, where the finding is upheld “unless the evidence compels a contrary result.” Chawla v. Holder, 599 F.3d 998, 1001 (9th Cir.2010) (quoting Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007)). We conclude substantial evidence supports the BIA’s adverse credibility finding. The BIA properly relied on Cao’s…