Ivo Parichkov v. Eric Holder, Jr.

MEMORANDUM

Yinglin Xu, a native and citizen of China, petitions pro se 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 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, Singh v. Holder, 638 F.3d 1264, 1268-69 (9th Cir.2011), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on Xu’s submission of a fraudulent employment termination letter, see id. at 1272 , the discrepancies between Xu’s testimony and nonimmigrant visa application regarding his educational and employment background, see Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003), and Xu’s inconsistent testimony regarding his surveillance by authorities, see Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004). The agency reasonably rejected Xu’s explanations. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2007). In the absence of credible testimony, Xu’s asylum and withholding of removal claims fail. See…