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

Zhen Li v. Holder

Zhen Li v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided July 19, 2010 · Alarcón, Leavy, Graber
388 F. App'x 646

Zhen Li v. Holder

Opinion

MEMORANDUM **

Zhen Li, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Lim v. INS, 224 F.3d 929, 933 (9th Cir. 2000), and we deny the petition for review.

Li claims she suffered past persecution and fears future persecution on account of her sexual orientation. Substantial evidence supports the agency’s determination that Li did not establish past persecution based on her sole detention, where the police did not charge her, issue a fine, physically harm her, or threaten her with physical harm. See id. at 936. Substantial evidence also supports the agency’s determination that Li failed to establish a well-founded fear of persecution, because she failed to demonstrate an objective basis for her fear. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003).

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

Substantial evidence also supports the agency’s denial of CAT relief because Li failed to show that it is more likely than not that she would be tortured if removed to China. See Wakkary v. Holder, 558 F.Bd 1049, 1067-68 (9th Cir. 2009).

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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