Jian Yuan Yuan v. Gonzales
Jian Yuan Yuan v. Gonzales
Opinion of the Court
MEMORANDUM
Jian Yuan Yuan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review factual findings for substantial evidence, see Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir. 2003), and we deny the petition for review.
Yuan contends that the IJ erred by excluding certain evidence for lack of authentication. Whether or not exclusion was proper, the IJ found Yuan’s testimony credible and the excluded evidence covered matters within the scope of his testimony, so Yuan cannot show prejudice. See Khan v. INS, 237 F.3d 1143, 1144 (9th Cir. 2001).
Yuan did not claim he had ever been personally arrested, beaten, or harassed by the Chinese government on account of his Christian faith and the record does not compel the conclusion that Yuan suffered past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir. 2004) (no past persecution where alien was never physically harmed on account of her religious beliefs); cf. Guo v. Ashcroft, 361 F.3d 1194, 1203 (9th Cir. 2004) (finding past persecution where a Christian was detained for 15 days and beaten twice). Although Yuan presented evidence that the Chinese authorities are interested in him because of Bibles he smuggled, the IJ did not err in finding that this did not amount to persecution on a protected ground. See
We are not persuaded by Yuan’s claim that his due process rights were violated when he was allowed to testify in English, because the record reflects that Yuan voluntarily chose to proceed in English and the IJ fully explained to Yuan that he could use the translator who was physically present during the merits hearing if he so chose.
The voluntary departure period was stayed and that stay will expire upon issuance of the mandate. See Desta v. Ashcroft, 365 F.3d 741 (9th Cir. 2004).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.