Xi Jiang v. Loretta E. Lynch

MEMORANDUM

Xi Jiang (“Petitioner”), a native and citizen of China, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (a) to review this REAL ID Act petition, and we deny the petition for review.

“Factual findings by the BIA are conclusive if supported by reasonable, substantial, and probative evidence on the record considered as a whole.... Where, as here, the BIA has reviewed the IJ’s decision and incorporated portions of it as its own, we treat the incorporated parts of the IJ’s decision as the BIA’s.” Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002) (quotation omitted). Both the BIA and the IJ provided specific and cogent reasons, supported by substantial evidence, for Petitioner’s adverse credibility determination where: (1) Petitioner’s testimony regarding his alleged beating by the police was internally inconsistent and inconsistent with his written statement, see Rizk v. Holder, 629 F.3d 1083, 1088, 1091 (9th Cir.2011); (2)…