Jianxin Li v. ERIC H. HOLDER, Jr., Attorney General

07-75003Court of Appeals for the Ninth Circuit14 lug 2010

Testo completo

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NOT FOR PUBLICATION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
JIANXIN LI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-75003
Agency No. A076-862-022
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Jianxin Li, 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
JUL 14 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-75003 2
Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we deny the petition
for review.
Substantial evidence supports the BIA’s denial of asylum because Li’s brief
detention and mistreatment at the hands of the Chinese police did not rise to the
level of past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.
2006). Furthermore, substantial evidence supports the conclusion that Li has not
established a well-founded fear of persecution if he returns to China. See id. at
1021-22. Accordingly, Li’s asylum claim fails.
Because Li failed to demonstrate eligibility for asylum, it follows that he did
not satisfy the more stringent standard for withholding of removal. See Zehatye v.
Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.

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