Lianwang Feng v. Eric Holder, Jr.

MEMORANDUM

Jie Li Zhen, 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, 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 BIA’s adverse credibility determination, based on the inconsistencies between Zhen’s testimony and his asylum application regarding whether he was ever arrested, detained, and beaten by the police in China. See id. at 1046-47 (“Although incidences no longer need to go to the heart of the petitioner’s claim, when an inconsistency is at the heart of the claim it doubtless is of great weight.”). We lack jurisdiction to consider Zhen’s contentions made for the first time in his opening brief that he may not have been…