JIN HE-CHUAN, AKA Chaun Jin He, AKA Ming Yu v. LORETTA E. LYNCH, Attorney General

13-73863Court of Appeals for the Ninth Circuit2 sept. 2016

Texte intégral

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JIN HE-CHUAN, AKA Chaun Jin He,
AKA Ming Yu,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-73863
Agency No. A087-518-513
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 31, 2016**
Pasadena, California
Before: SILVERMAN, FISHER, and WATFORD, Circuit Judges.
Jin He-Chuan, 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.
FILED
SEP 02 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th
Cir. 2006), and we deny the petition for review.
He-Chuan contends Chinese officials persecuted him, and would arrest him
upon his return, on account of his political activity in refusing the government’s
demand for his parent’s land. Substantial evidence supports the agency’s
determination that the government’s interest in He-Chuan derived from a
legitimate prosecutorial purpose after he kicked a government official and
potentially vandalized government equipment. See Lin v. Holder, 610 F.3d 1093,
1097 (9th Cir. 2010) (“Ordinary prosecution for criminal activity is not persecution
‘on account of’ a protected ground.”); see also Parussimova v. Mukasey, 555 F.3d
734, 740-41 (9th Cir. 2009) (under the REAL ID Act, applicant must prove a
protected ground is at least “one central reason” for persecution). Because He-
Chuan failed to establish a nexus between his past or feared mistreatment and a
protected ground, his asylum and withholding of removal claims fail.
PETITION FOR REVIEW DENIED.
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