Azbileg Shura v. Eric H. Holder Jr.

MEMORANDUM

In these consolidated cases, Azbileg Shura and his family, natives and citizens of Mongolia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from the immigration judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), and of the BIA’s order denying their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, applying the new standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We grant the petition for review in No. 09-70030 and remand, and we dismiss the petition for review in No. 10-73768.

There is no inconsistency between Shura’s documentary evidence and his testimony with respect to the year that the Healthy Society Citizen’s Movement started. See Morgan v. Mukasey, 529 F.3d 1202, 1209 (9th Cir.2008) (no inconsistency between application and testimony). In addition, the discrepancy regarding the date which Shura became Secretary of the Healthy Society Citizen’s Movement is a trivial…