Yongqing Ai v. Loretta E. Lynch

MEMORANDUM

Kai Xu, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 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), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies as to Xu’s employment in China and his reason for not requiring medical treatment. See id. at 1048 (adverse credibility determination supported under the totality of circumstances). Xu’s explanations to the agency do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Xu’s contention that the agency did not consider evidence is not supported by the record. In the absence of credible testimony, in this case,…