Ipinbhai Patel v. Eric Holder, Jr.

MEMORANDUM

Ipinbhai Manibhai Patel, a native and citizen of India, petitions- for review of the Board of Immigration Appeals’ (BIA) order affirming an immigration judge’s (IJ) determination that he is removable and is not entitled to asylum, withholding of removal, or protection under the Convention Against Torture (CAT). 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 the petition for review.

Substantial evidence supports the agency’s adverse credibility determination. Even assuming that certain of the cited inconsistencies in Patel’s testimony were too trivial to suggest a lack of truthfulness, see Ren v. Holder, 648 F.3d 1079, 1085 (9th Cir.2011), the BIA’s conclusion that Patel’s demeanor eroded his credibility is supported by the record. The BIA cited several portions of Patel’s testimony to support the conclusion that he exhibited an “unexplained evasive, confused, and unresponsive manner.” In one of the excerpts, Patel was questioned about why he remained in India for approximately two years…