Fengting Li v. Holder

U.S. Court of Appeals for the Ninth Circuit
Fengting Li v. Holder, 361 F. App'x 804 (9th Cir. 2010)
Goodwin, Wallace, Fisher

Fengting Li v. Holder

Opinion

MEMORANDUM **

Fengting Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum *805 and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence findings of fact, INS v. Elias-Zacarias, 502 U.S. 478, 481 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992), and de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003). We deny the petition for review.

Substantial evidence supports the agency’s finding that Li failed to establish the harms he experienced in China and the harms he fears upon return are based on a protected ground. See Dinu v. Ashcroft, 372 F.3d 1041, 1043-45 (9th Cir. 2004) (concluding that heavy-handed tactics used by police during an investigation for legitimate purposes was not persecution on account of petitioner’s political opinion). In particular, the record does not compel the conclusion that Li sought to expose corruption that was inextricably intertwined with a government operation. Cf. Grava v. INS, 205 F.3d 1177, 1181 (9th Cir. 2000). Accordingly, Li’s asylum and withholding of removal claims fail.

Li’s contention that the IJ was not an impartial adjudicator because she relied on inconsistencies and personal conjecture is not supported by the record. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to establish a due process violation).

Finally, we reject Li’s contention that the IJ erred in making an adverse credibility determination because the IJ explicitly found Li’s testimony to be credible.

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
FENGTING LI, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent
Status
Unpublished