Chenming Dong v. Eric Holder, Jr.

MEMORANDUM

Chenming Dong, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s decision denying his application for asylum and withholding of removal. 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 inconsistencies regarding the number of times Dong’s wife was pregnant, Dong’s shifting testimony regarding his corroborative evidence, and discrepancies and/or implausibilities in his account of his wife’s coerced divorce, their living “secretly” together in their house for five years, and their subsequent remarriage. See id. at 1048 (adverse credibility finding reasonable under the totality of the circumstances). We lack jurisdiction to consider Dong’s contention that he did not have an opportunity to explain how he and…