Yixia Lu v. Eric Holder, Jr.

MEMORANDUM

Yixia Lu (“Lu”) petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal from the immigration judge’s (“IJ”) denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Lu raises two arguments: 1) that the BIA erred in affirming the IJ’s adverse credibility determination; and 2) that the BIA erred in finding that she did not submit sufficient corroborating evidence of her claims, because she received insufficient notice of the requirement to submit such evidence and was denied the opportunity to present such evidence or explain why it was unavailable. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition in part and dismiss it in part.

Because the IJ’s adverse credibility determination, which the BIA adopted, is supported by substantial evidence, we reject Lu’s first argument. See Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). Under the REAL ID Act, which applies to Lu’s 2006 application, credibility determinations must be made “[cjonsidering the totality of the circumstances” and may rest on “all relevant factors.” 8 U.S.C. § 1158 (b)(1)(B)(iii);…