U.S. Court of Appeals for the Ninth Circuit, 2013

Hua Zhang v. Eric Holder, Jr.

Hua Zhang v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 12, 2013

Hua Zhang v. Eric Holder, Jr.

Opinion

FILED NOT FOR PUBLICATION JUN 12 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

HUA FENG ZHANG, No. 11-73499 Petitioner, Agency No. A088-127-126 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 10, 2013 ** Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.

Hua Feng Zhang, 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 and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act.

Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination based on the inconsistency between Zhang’s testimony and his wife’s written statement regarding the circumstances of her forced sterilization, and his unpersuasive explanation for the discrepancy. See id. at 1045-48 (substantial evidence supported agency’s adverse credibility finding under “totality of the circumstances” ); Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir. 2011) (BIA not compelled to accept petitioner’s explanations for inconsistencies). In the absence of credible testimony, Zhang’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.

2 11-73499

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