Fan Jin v. Loretta E. Lynch

MEMORANDUM

Fan Jin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief 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.

We do not consider the materials Jin references in his opening brief that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir. 1996) (en banc).

Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies within Jin’s testimony and within the record evidence as to his introduction to Christianity, and on inconsistencies between Jin’s testimony and record evidence as to his places of residence. See Shrestha, 590 F.3d at 1048 (adverse credibility determination was reasonable under the “totality of circumstances.”). Jin’s…