Da Yu v. Eric Holder, Jr.

MEMORANDUM

Da Jin Yu, 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, with holding of removal, and relief 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 in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the discrepancy between Yu’s testimony and his declaration regarding when he was first introduced to Falun Gong, the lack of detail in Yu’s testimony regarding the friend who he claimed introduced him to Falun Gong, and the implausibility of the time line of events. See id. at 1040,1046-47 (lack of detail is an appropriate factor to consider under the REAL ID Act, as well as the ability to consistently describe the events underlying the petitioner’s fear); Don v. Gonzales, 476 F.3d…