Bin Lin v. Holder

U.S. Court of Appeals for the Ninth Circuit
Bin Lin v. Holder, 409 F. App'x 159 (9th Cir. 2011)

Bin Lin v. Holder

Opinion

MEMORANDUM **

Bin Lin, native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his 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 *160 evidence factual findings. INS v. Elias-Zacarias, 502 U.S. 478, 481 & n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We deny the petition for review.

Even if Lin is credible, substantial evidence supports the agency’s finding that Lin did not establish the incident in which he was detained for one day and beaten rose to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir. 2006). Furthermore, the record does not compel the conclusion that Lin established a well-founded fear of future persecution on account of his religion or political opinion. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (record evidence did not show petitioner had objectively reasonable basis for future fear).

Because Lin failed to meet the lower burden of proof for asylum, it follows that he has not met the higher standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).

Finally, the record does not compel the conclusion it is more likely than not that Lin will be tortured if he returns to China. See Wakkary v. Holder, 558 F.3d 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.

Reference

Full Case Name
BIN LIN, A.K.A. Zhende Chen, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished