Feng Lin v. Eric Holder, Jr.

MEMORANDUM

Feng Lin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal, and denying his motion to remand. We have jurisdiction under 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), and we review for abuse of discretion the denial of a motion to remand, Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on significant inconsistencies within Lin’s testimony, and between his testimony, written statement, and the letters from his family regarding the incidents he alleges occurred with family planning officials in China. See Shrestha, 590 F.3d at 1047 (“inability to consistently describe the underlying events that gave rise to [petitioner’s] fear was an important factor that could be relied upon by the [agency] in…