Hanmin Wu v. Holder

MEMORANDUM **

In these consolidated cases, Han-min Wu, 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 removal, and relief under the Convention Against Torture (“CAT”) in No. 06-72569, and the BIA’s order denying his motions to reopen, reconsider, and accept a late filed brief in No. 06-74314. Our jurisdiction is governed 8 U.S.C. § 1252 . We review for substantial evidence adverse credibility determinations, Tek le v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008), we review for abuse of discretion denials of motions to reopen and reconsider, and we review claims of due process violations de novo, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petition for *733 review in No. 06-72569, and deny in part and dismiss in part the petition for review in No. 06-74314.

Substantial evidence supports the agency’s adverse credibility finding based upon Wu’s failure to offer a compelling explanation for a conceded discrepancy between his testimony before the asylum officer and his testimony before the IJ…