Mykola Popovich v. Eric Holder, Jr.

MEMORANDUM

Mykola Popovich petitions for review of the Board of Immigration Appeals’s (BIA) order dismissing his appeal of an Immigration Judge’s (IJ) denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT). Because Po-povich filed his asylum application after May 11, 2005, the Real ID Act applies. See Shrestha v. Holder, 590 F.3d 1034 , 1039 (9th Cir.2010). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1).

The IJ’s adverse credibility finding was supported by substantial evidence, including inconsistencies between Popovich’s testimony and his asylum application. See Shrestha, 590 F.3d at 1039-40 (listing REAL ID Act credibility factors, including “the consistency between the applicant’s or witness’s written and oral statements”). For example, Popovich stated in his asylum application that he saw young men running away from his violently damaged car, while at the hearing he testified that he knew the perpetrators were with his persecutor because they “were not even in a hurry to run away and they were threatening me that the same thing that happened to the car would happen to me.” The BIA and IJ’s…