Ilir Osmani v. Loretta E. Lynch

MEMORANDUM

Petitioner Ilir Osmani petitions for review of the denial by the Board of Immigration Appeals (BIA) of his applications for asylum, withholding of removal and protection under the Convention Against Torture, and the subsequent denials of his-motions to reconsider and reopen. We have jurisdiction under 8 U.S.C. § 1252 and we dismiss all three petitions.

1. We review the agency’s adverse credibility determinations for substantial evidence. See Rizk v. Holder, 629 F.3d 1083, 1087-88 (9th Cir. 2011). Here, the Immigration Judge (IJ) concluded Osmani was' not credible in part because he did not present a clear timeline for his party membership or the stabbing he allegedly suffered at the hands of members of the opposing party, and because he appeared evasive when asked to explain inconsistencies in his testimony regarding his passport. Substantial evidence supports these two grounds, which the BIA adopted in affirming the IJ’s decision. Under the REAL ID Act, an IJ may base an adverse credibility determination on inconsistencies in an applicant’s testimony, as well as his demeanor and apparent evasiveness. See Shrestha v. Holder, 590 F.3d 1034 , 1043 n.4, 1044 (9th Cir.…