Ping Chen v. Eric Holder, Jr.

MEMORANDUM

Ping Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. 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 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination based on the inconsistencies in Chen’s testimony and application about the presence of the house church pastor on the day petitioner was allegedly arrested, and based on the fact that both his asylum application and his father’s letter omitted the fact that his parents were allegedly forced to pay a significant fine. See id. at 1047 (agency’s adverse credibility determination was reasonable under the “totality of the circumstances”); see also Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir.2011) (BIA not compelled to accept petitioner’s explanations for inconsistencies). In…