U.S. Court of Appeals for the Ninth Circuit, 2014

Xinjun Zhu v. Eric Holder, Jr.

Xinjun Zhu v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided May 19, 2014 · Clifton, Bea, Watford
573 F. App'x 654

Xinjun Zhu v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Xinjun Zhu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny the petition for review.

Zhu testified he is married and he is the biological father of two children, and that his wife was sterilized under China’s family planning policies. Substantial evidence supports the agency’s determination that Zhu failed to sufficiently corroborate his testimony with reasonably obtainable evidence to meet his burden of proof for withholding of removal. See id. at 1047-48; Ren v. Holder, 648 F.3d 1079, 1094 (9th Cir. 2011) (record did not compel the finding that petitioner presented sufficient corroborating evidence to meet his burden of proof). We reject Zhu’s contention that the BIA mischaracterized the record. Thus, Zhu’s withholding of removal claim fails.

PETITION FOR REVIEW DENIED.

**

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

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