Xi Liu v. Eric Holder, Jr.

MEMORANDUM

Xi Liu, a native and citizen of China, petitions 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, 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 deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the discrepancies between Liu’s testimony and the documentary evidence he submitted, as well as numerous inconsistencies within his documentary evidence. See id. at 1047-48 (adverse credibility determination was reasonable under the Real ID Act’s “totality of the circumstances” standard). In the absence of credible testimony, Liu’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Liu’s CAT claim is based on the same testimony the agency found not…