Li v. Holder

FILED NOT FOR PUBLICATION JUL 14 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JIANXIN LI, No. 07-75003

Petitioner, Agency No. A076-862-022 v.

MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 29, 2010 **

Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.

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,

*

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

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.

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