Jian He v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JIAN HE,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-70683
Agency No. A099-712-062
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Jian He, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ (“BIA”) 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,
FILED
MAY 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

10-70683 2
Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir. 2003), and we deny the petition for
review.
He contends that he will be forcibly sterilized in China because he has two
children. Even if He testified credibly and even if He filed a timely application for
asylum, the record does not compel the conclusion that He demonstrated a well-
founded fear of persecution. See id. at 1018 (concluding petitioner’s fear was “too
speculative”); INS v. Elias-Zacarias, 502 U.S. 478, 481 n.1 (1992) (“[t]o reverse
the BIA finding we must find that the evidence not only supports that conclusion,
but compels it”) (emphasis in original). Accordingly, He’s asylum claim fails.
Because He failed to establish eligibility for asylum, he necessarily failed to
meet the more stringent standard for withholding of removal. See Zehatye v.
Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --