Ping Zhao v. Eric Holder, Jr.

MEMORANDUM

Ping Zhao petitions for review of a September 7, 2011, order of the Board of Immigration Appeals affirming the Immigration Judge’s denial of Zhao’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal.

The “BIA affirmed the IJ’s denial of [petitioner’s] withholding of removal claim on the basis of the IJ’s adverse credibility determination, and we review adverse credibility determinations under the substantial evidence standard.” Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010).

Zhao claims that, because she violated China’s one child policy, she was forced to undergo mandatory abortions and that she faces sterilization if she returns. Howev er, Zhao concedes that there were a number of inconsistencies in her application and testimony. Although, under the Real ID Act, inconsistencies need not go to the heart of petitioner’s claim, Shrestha, 590 F.3d at 1046-47 , the inconsistencies here were substantial and unexplained. The adverse credibility…