Hua Feng Zhang v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HUA FENG ZHANG,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-73499
Agency No. A088-127-126
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 10, 2013**
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Hua Feng Zhang, 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 application for asylum and withholding
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
JUN 12 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-73499 2
substantial evidence the agency’s factual findings, applying the standards
governing adverse credibility determinations created by the REAL ID Act.
Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny the petition
for review.
Substantial evidence supports the BIA’s adverse credibility determination
based on the inconsistency between Zhang’s testimony and his wife’s written
statement regarding the circumstances of her forced sterilization, and his
unpersuasive explanation for the discrepancy. See id. at 1045-48 (substantial
evidence supported agency’s adverse credibility finding under “totality of the
circumstances” ); Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir. 2011) (BIA not
compelled to accept petitioner’s explanations for inconsistencies). 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).
PETITION FOR REVIEW DENIED.

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