Kunxin He v. Eric Holder, Jr.
Opinion
MEMORANDUM **
Kunxin He, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ 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 the agency’s 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. 1
He contends that he suffered past persecution because his church in China was illegal and officials raided his church and arrested the preacher, who was He’s father. The record does not compel the conclusion that He suffered past persecution based on these experiences. See G% v. Gonzales, 454 F.3d 1014, 1017-18, 1019-21 (9th Cir. 2006); Nagoulko v. INS, 333 F.3d 1012, 1014-18 (9th Cir. 2003).
Substantial evidence also supports the agency’s finding that He failed to demonstrate he had a well-founded fear of future persecution. See Gu, 454 F.3d at 1021-22; Molina-Estrada v. INS, 293 F.3d 1089, 1095-96 (9th Cir. 2002).
Because He failed to establish his eligibility for asylum, he necessarily failed to meet the higher standard of eligibility for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.
Reference
- Full Case Name
- KUNXIN HE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
- Status
- Unpublished