Ji Tong Lin v. Holder

MEMORANDUM **

In these consolidated petitions, Ji Tong Lin, a native and citizen of China, petitions 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 deportation, and protection under the Convention Against Torture (“CAT”) (No. 06-75274), and the BIA’s denial of his motion to reopen (No. 07-71699). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and for abuse of discretion the denial of a motion to reopen, Lin v. Ashcroft, 377 F.3d 1014, 1023 (9th Cir.2004). In petition No. 06-75274, we deny. In petition No. 07-71699, we deny in part and dismiss in part.

Substantial evidence supports the agency’s adverse credibility determination because the inconsistencies between Lin’s testimony and the documentary evidence with respect to both Lin’s claimed injuries, and his escort of three United States citizens into China, were material and go to the heart of his claim. See Don v. Gonzales, 476 F.3d 738, 741-43 (9th Cir.2007); see also Li, 378 F.3d at 963…