Tao Wu v. Loretta E. Lynch

MEMORANDUM

Petitioner Tao Wu seeks review of a decision by the Board of Immigration Appeals (BIA) to deny his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Because the parties are familiar with the facts and procedural his tory of this case, we repeat only those, facts necessary to resolve the issues raised on appeal. We deny Wu’s petition for review.

Substantial evidence supported the agency’s adverse credibility determination. The Immigration Judge (IJ) and the BIA correctly cited inconsistencies in Wu’s testimony, including statements concerning his unemployment benefits after being terminated from the Tianjin Electrical Company and explanations for why his wife had not been arrested or detained by the Chinese government.

Additionally, Wu’s past mistreatment by the Chinese police did not constitute “persecution,” which we define as “ ‘the infliction of suffering or harm upon those who differ (in race, religion or political opinion) in a way regarded as offensive.’ ” Khup v. Ashcroft, 376 F.3d 898, 903 (9th Cir.2004) (quoting Fisher v. INS, 79 F.3d 955, 961 (9th Cir.1996)). Although the police detained Wu for…