Zhong Hong Cui v. Gonzales

202 F. App'x 165

Opinion

MEMORANDUM

**

Zhong Hong Cui, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to review petitioner’s CAT claim because he failed to exhaust the claim before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We therefore dismiss his CAT claim.

We have jurisdiction under 8 U.S.C. § 1252 over petitioner’s remaining claims. We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and deny the petition with regard to his asylum and withholding of removal claims.

Substantial evidence supports the IJ’s and BIA’s denial of asylum based on an adverse credibility finding. Because there were inconsistencies between petitioner’s testimony and application regarding his detention and subsequent beatings by the police, his asylum claim accordingly fails. See id. at 1042-43.

Because petitioner failed to demonstrate that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.