Wei Zhu v. Holder

U.S. Court of Appeals for the Ninth Circuit
Wei Zhu v. Holder, 356 F. App'x 67 (9th Cir. 2009)
Alarcón, Trott, Tashima

Wei Zhu v. Holder

Opinion

MEMORANDUM **

Wei Zhu, 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 decision denying his application for asylum *68 and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence findings of fact, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001), and we deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination because Zhu’s asylum application omitted that he was handcuffed to an iron rod, slapped, kicked and beaten on his shoulder during a brief detention, see Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004), and Zhu failed to explain these omissions when given the opportunity, see Kaur v. Gonzales, 418 F.3d 1061, 1066-67 (9th Cir. 2005). Accordingly, in the absence of credible testimony, Zhu’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
WEI ZHU, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent
Status
Unpublished