Yu Zhang v. Eric H. Holder Jr.

Good Law
459 F. App'x 614
United States Court of Appeals for the Ninth CircuitNovember 22, 201108-75157California263 words

Opinion

Opinion

MEMORANDUM

Yu Peng Zhang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, including adverse credibility determinations. See Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Zhang’s contention that the IJ did not make an adverse credibility determination, because he failed to exhaust that issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Substantial evidence supports the IJ’s adverse credibility determination based upon the omission from Zhang’s asylum application of the beating he endured during his detention. See Kin v. Holder, 595 F.3d 1050, 1056-57 (9th Cir.2010). 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).

Finally,…

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