Feng Zhao v. Eric H. Holder Jr.

MEMORANDUM

Feng Zhao, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), a waiver under 8 U.S.C. § 1182 (1) (“section 212(i) waiver”), and adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s findings of fact, including adverse credibility determinations. Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility determination on the basis of the omission from Zhao’s asylum application and testimony to an asylum officer that four police officers held him down and forcibly removed his Falun Gong tattoo while he was in custody. See id. (“Material alterations in the applicant’s account of persecution are sufficient to support an adverse credibility finding.”). The agency reasonably rejected Zhao’s explanation for the omission. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.…