HONGBO GU V. ERIC HOLDER, JR., No. 12-71542 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 5 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HONGBO GU, No. 12-71542 Petitioner, Agency No. A088-453-658 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Hongbo Gu, a native and citizen of China, petitions for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency s factual * 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). findings, applying the new standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). We deny the petition for review. Substantial evidence supports the agency s adverse credibility determination based on Gu s inconsistency regarding when his wife s IUD was removed, see Goel v. Gonzales, 490 F.3d 735, 739 (9th Cir. 2007), and the omission of the government seizure of his home from his asylum application, see Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir. 2011) ( Material alterations in the applicant s account of persecution are sufficient to support an adverse credibility finding. ). The agency reasonably rejected Gu s explanations for the inconsistency and omission. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). In the absence of credible testimony, Gu s withholding of removal claim fails. PETITION FOR REVIEW DENIED. 2

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