NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT OCT 21 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JIAJU ZHAO, No. 07-73127
Petitioner, Agency No. A095-196-493
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 14, 2011**
Pasadena, California
Before: PREGERSON and BYBEE, Circuit Judges, and DAVIDSON, Senior
District Judge.***
Jiaju Zhao (“Zhao”), a native and citizen of China, petitions this court for
review of the decision of the Board of Immigration Appeals (“BIA”) denying his
*
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).
***
The Honorable Glen H. Davidson, Senior District Judge for the U.S.
District Court for Northern Mississippi, sitting by designation.
applications for asylum, withholding of removal, and protection under the
Convention Against Torture (“CAT”). We dismiss Zhao’s asylum claim for lack
of jurisdiction to review findings of fact going to the timeliness of asylum
petitions. 8 U.S.C. § 1158(a)(3). We have jurisdiction over Zhao’s remaining
claims and we deny Zhao’s petition for review over those claims.
We review the BIA’s adverse credibility determination under a substantial
evidence standard. Guo v. Ashcroft, 361 F.3d 1194, 1199 (9th Cir. 2004). This
court must accept the adverse credibility determination if no reasonable factfinder
would be compelled to conclude differently. Kin v. Holder, 595 F.3d 1050, 1054
(9th Cir. 2010). In this case, the Immigration Judge did not find Zhao’s testimony
to be credible. Overall, it is unlikely that any reasonable factfinder would be
compelled to reach a different conclusion. Therefore, Zhao’s withholding of
removal claim fails. Zhao’s claim for protection under CAT is forfeited.
For these reasons, this petition is DISMISSED in part and DENIED in part.