Xiandong Sun v. Eric Holder, Jr.

MEMORANDUM

John Hedwig Fernandes, a native and citizen of India, 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, 1039-40 (9th Cir.2010), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on Fernandes’ omission from his declaration of two arrests and beatings by police in 2006, his inconsistent testimony regarding the reason for the arrests and beatings, and his inconsistent testimony regarding the length of time he was detained by police in 2004. See id. at 1048 (adverse credibility determination was reasonable under the REAL ID Act’s “totality of the circumstances”). The agency reasonably rejected Fernandes’ explanations for the omission and inconsistencies. See Zamanov v.…