Yicai Bao v. Loretta E. Lynch

MEMORANDUM

Yicai Bao, 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. 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 deter minations created by the.REAL ID. Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Bao filed his asylum application within a reasonable period of time after any extraordinary circumstances that might excuse his untimely asylum application. See 8 C.F.R. § 208.4 (a)(5); see Husyev v. Mukasey, 528 F.3d 1172, 1181 (9th Cir. 2008). Thus, we deny the petition for review as to Bao’s asylum claim.

Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies as to the number of abortions Bao’s wife was forced to undergo. See Shrestha, 590 F.3d at 1048 (9th Cir. 2010) (adverse credibility finding reasonable…