Xinqing Sun v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
XINQING SUN,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-71552
Agency No. A087-850-661
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 26, 2016**
Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges.
Xinqing Sun, 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 (“IJ”) decision denying his application for asylum, withholding of removal,
and relief under the Convention Against Torture (“CAT”). We have jurisdiction
* 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
MAY 2 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual
findings, applying the standards created by the REAL ID Act. Ren v. Holder, 648
F.3d 1079, 1083-84 (9th Cir. 2011). We deny the petition for review.
The BIA affirmed the IJ’s alternative determination that Sun failed to meet
his burden of proof because, despite having notice and an opportunity to respond to
the IJ’s request for corroborative evidence, Sun did not provide the requested
evidence or a persuasive explanation for his failure to do so. The record does not
compel reversal of the BIA’s conclusion. See id. at 1094. Thus, we deny the
petition for review as to Sun’s asylum and withholding of removal claims. See id.
Further, substantial evidence supports the denial of Sun’s CAT claim
because he did not establish it is more likely than not he would be tortured by or
with the consent or acquiescence of the government if returned to China. See
Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.

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