Abu Howlader v. Eric Holder, Jr.

MEMORANDUM

Abu Howlader petitions this Court for review of the BIA’s denial of his applications for asylum, withholding of removal, and protection under CAT. This Court reviews the denial of asylum, withholding of removal, and CAT protection for substantial evidence. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir.2014). Likewise, we review adverse credibility determinations for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition.

Here, substantial evidence supports the BIA’s determination that Petitioner was not credible. Because this is a pre-REAL ID Act case, inconsistencies offered to support an adverse credibility determination must “go[ ] to the heart of an asylum claim.” Rizk v. Holder, 629 F.3d 1083 , 1087 & n. 2 (9th Cir.2011). The BIA identified several inconsistencies in Petitioner’s testimony about his alleged hospitalization following an attack. Specifically, the BIA observed inconsistencies in Petitioner’s description of the location of the hospital to which he was taken and the duration of his hospital stay. These inconsistencies concern events central to his claim of…