U.S. Court of Appeals for the Ninth Circuit, 2011

Daoqiong Chen v. Eric H. Holder Jr.

Daoqiong Chen v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 14, 2011 · Farris, O'Scannlain, Bybee
421 F. App'x 714

Daoqiong Chen v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Daoqiong Chen, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s *715 (“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 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.

Chen does not contest the IJ’s finding that he failed to establish past persecution. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not supported by argument are deemed waived). Substantial evidence supports the IJ’s finding that Chen failed to establish a well-founded fear of future persecution because Chen did not demonstrate that, even if he were to be questioned by the police, he would suffer harm that rises to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1020-22 (9th Cir. 2006). Accordingly, Chen’s asylum claim fails.

Because Chen 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, substantial evidence supports the IJ’s denial of CAT relief because Chen failed to establish it is more likely than not he will be tortured if returned 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.

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