Xuejun Zhao v. Loretta E. Lynch

MEMORANDUM

Jaafar A1 Ammarah and Suha Samad Al Diwan, natives and citizens of Iraq, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and relief under the Convention Against -Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s adverse credibility determination. Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir. 2011). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because the inconsistencies as to the timing and circumstances of Al Ammarah’s detention, his brother’s arrest, and A1 Ammarah going into hiding go to the heart of his claim of persecution in Iraq. See id. (“inconsistencies regarding events that form the basis of the asylum claim are sufficient to support an adverse credibility determination”) (citation omitted). In the absence of credible testimony, petitioners’ asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Petitioners’ CAT claim also fails because it…