Zevallos-Diaz

MEMORANDUM **

Israel Walter Zevallos-Diaz, a native and citizen of Peru, petitions for review of the BIA’s per curiam order denying his application for asylum, withholding of deportation, and protection under the Convention Against Torture. We review the IJ’s decision since the BIA adopted and incorporated the IJ’s reasoning. Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir. 1996). Since substantial evidence supports the IJ’s adverse credibility finding and denial of asylum, 8 U.S.C. § 1252 (b)(4)(B) (2000); INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir.2004), we deny the petition.

The definition of a “refugee” specifically excludes “any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of ... political opinion.” INA § 101(a)(42); 8 U.S.C. § 1101 (a)(42)(A). Thus, a person who has participated in the persecution of others is statutorily ineligible for asylum or withholding of deportation. INA § 243(h)(2)(A); 8 U.S.C. § 1253 (h)(2)(A) (1990). Here, the record contains detailed descriptions of torture committed by Zevallos-Diaz of Shining…