Xiao Guang Chen v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
XIAO GUANG CHEN,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-70140
Agency No. A087-610-378
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Xiao Guang Chen, 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
* 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).
FILED
MAR 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th
Cir. 2006). We deny petition for review.
Chen fears he will be persecuted based on his resistance to and violation of
China’s population control policies. Substantial evidence supports the agency’s
finding that Chen failed to establish his fear of future persecution in China is
objectively reasonable. See Gu v. Gonzales, 454 F.3d 1014, 1022 (9th Cir. 2006)
(concluding petitioner failed to present compelling, objective evidence
demonstrating a well-founded fear of persecution). We reject Chen’s contention
that the BIA failed to consider evidence. Thus, we deny the petition as to Chen’s
asylum claim.
Because Chen failed to establish eligibility for asylum, his withholding of
removal claim necessarily fails. See Zehatye, 453 F.3d at 1190.
PETITION FOR REVIEW DENIED.

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