U.S. Court of Appeals for the Ninth Circuit, 2010

Jianxin Li v. Holder

Jianxin Li v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided July 14, 2010 · Alarcón, Leavy, Graber
387 F. App'x 736

Jianxin Li v. Holder

Opinion

MEMORANDUM **

Jianxin Li, 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 substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we deny the petition for review.

Substantial evidence supports the BIA’s denial of asylum because Li’s brief detention and mistreatment at the hands of the Chinese police did not rise to the level of past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir. 2006). Furthermore, substantial evidence supports the conclusion that Li has not established a well-founded fear of persecution if he returns to China. See id. at 1021-22. Accordingly, Li’s asylum claim fails.

Because Li failed to demonstrate eligibility for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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