Haixiong Jin v. Eric Holder, Jr.

MEMORANDUM

On January 21, 2015, the court granted the government’s unopposed motion to stay proceedings. On March 11, 2015, the government informed the court that Haix-iong Jin, a native and citizen of China, is not a candidate for prosecutorial discretion, and requested that this case move forward. The stay of proceedings is hereby lifted.

Jin petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding ■ of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 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 the petition for review.

Even if Jin’s asylum claim was timely, substantial evidence supports the agency’s . adverse credibility determination based on an inconsistency between Jin’s testimony and his documentary evidence regarding his level of education, and based on Jin’s inability to explain the visas in his Chinese…