Gangguang Wei v. Eric Holder, Jr.

MEMORANDUM

Gangguang Wei, 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 and withholding of removal. 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 (9th Cir.2010), and de novo due process claims, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the agency’s determination that Wei’s testimony was not credible based on discrepancies between his testimony and declaration, including the inconsistency regarding the length of his detention. See Kohli v. Gonzales, 473 F.3d 1061, 1071 (9th Cir.2007) (discrepancy between testimony and declaration supported adverse credibility finding); Rivera v. Mulcasey, 508 F.3d 1271, 1275 (9th Cir.2007) (explanations were insufficient). Substantial evidence also supports the BIA’s finding that Wei failed to establish a…