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NOT FOR PUBLICATION JUN 12 2013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
Hua Zhang v. Eric Holder, Jr.
Combined Opinion