Zhongming Zhang v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZHONGMING ZHANG,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-71160
Agency No. A088-130-986
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Zhongming 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
DEC 19 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 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 (9th Cir. 2010), and we deny the petition
for review.
Substantial evidence supports the BIA’s adverse credibility determination
based on an inconsistency between Zhang’s written statement and testimony
regarding the alleged escape from the hospital. See id. at 1048 (adverse credibility
determination was reasonable under the REAL ID Act’s “totality of the
circumstances” standard). Zhang’s explanations do not compel a contrary result.
See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). 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.
12-71160 2

-- 2 of 2 --