Zhong Li v. Eric Holder, Jr.

MEMORANDUM

Rebatí Mohan Datta, a native and citizen of Bangladesh, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 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), and we review de novo claims of due process violations in immigration proceedings, Zetino v. Holder, 622 F.3d 1007, 1011 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

We do not consider the new documentary evidence Datta submitted because our review is limited to the administrative record underlying the IJ’s decision. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc).

Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies between Datta’s declaration and testimony regarding whether he knew his…