Xin Zhao v. Gonzales

MEMORANDUM ***

Xin Zhao, a native and citizen of China, petitions for review of the Board of Immi *13 gration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review adverse credibility determinations for substantial evidence, Wang v. INS, 352 F.3d 1250, 1253 (9th Cir.2003), and we deny the petition for review.

The IJ’s adverse credibility determination'rests on, among other things, inconsistencies within Zhao’s testimony and between his testimony and application regarding where his father lives in China and whether or not his father, who is also a practitioner of Falun Gong, has been harassed since his relocated within China. See id. at 1256-57 (noting that an alien’s failure to explain contradictions within his testimony may be sufficient to support an adverse credibility determination). Because these inconsistencies go to the heart of Zhao’s claim, see Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001) (concluding that an applicant’s claim is undercut when similarly situated family members continue to live in the country without incident), a…