Wei Zhu 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
RA/Research 04-73515
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WEI ZHU,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 04-73515
Agency No. A095-446-787
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Wei Zhu, 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.
FILED
NOV 30 2009
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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RA/Research 04-73515 2
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
findings of fact, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001), and we
deny the petition for review.
Substantial evidence supports the BIA’s adverse credibility determination
because Zhu’s asylum application omitted that he was handcuffed to an iron rod,
slapped, kicked and beaten on his shoulder during a brief detention, see Li v.
Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004), and Zhu failed to explain these
omissions when given the opportunity, see Kaur v. Gonzales, 418 F.3d 1061, 1066-
67 (9th Cir. 2005). Accordingly, in the absence of credible testimony, Zhu’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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