Jianhua Yan v. Loretta E. Lynch

MEMORANDUM

Jianhua Yan, 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, 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 1084 , 1039-40 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the inconsistencies as to who owned the house that was allegedly demolished, and when or whether it was demolished at all. See id. at 1048 (adverse credibility finding reasonable under the “totality of circumstances”). We reject Yan’s contention that he did not have an adequate opportunity to explain, and his contention that the BIA did not consider his explanation. See Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir. 2011). In the absence of credible testimony, in this case, Yan’s asylum and…