Jin Jie Liang v. Mukasey

MEMORANDUM **

Jin Jie Liang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, including adverse credibility determinations, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we review de novo questions of law, Ahir v. Mukasey, 527 F.3d 912, 916 (9th Cir.2008). We dismiss in part, deny in part and grant in part the petition for review, and we remand.

We lack jurisdiction to consider Liang’s contention that his former attorney provided ineffective assistance of counsel because he did not exhaust this claim before the BIA. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000).

Substantial evidence supports the IJ’s adverse credibility determination because Liang’s inconsistency regarding whether or not he lived in Venezuela for three years before coming to the United States was not a minor discrepancy, see Chebchoub, 257 F.3d at 1043 , and he failed to provide corroborating evidence of his identity,…