Zhao

Jiaju Zhao v. Holder

Good Law
454 F. App'x 606
United States Court of Appeals for the Ninth CircuitOctober 21, 201107-73127California209 words

Opinion

Opinion

MEMORANDUM

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 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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.