He Zheng v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
He Zheng, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order affirming the Immigration Judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Li v. *451 Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.
Zheng testified that the Chinese authorities persecuted him in part because they believed he was involved in spying for Taiwan, yet this key fact is omitted from Zheng’s asylum application and written statement. Because this omission is material and goes to the heart of Zheng’s asylum claim, substantial evidence supports the agency’s adverse credibility determination. See Li, 378 F.3d at 962 .
Further, because the agency’s adverse credibility determination is supported by the record, the IJ properly considered Zheng’s lack of supporting evidence, such as letters or witnesses from his U.S. church community, when denying Zheng’s asylum application. See Chebchoub v. INS, 257 F.3d 1038, 1044-45 (9th Cir .2001).