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Chen v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 21, 2016
642 F. App'x 787 (9th Cir. 2016)

Opinion

No. 14-70140

03-21-2016

XIAO GUANG CHEN, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A087-610-378 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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 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.


Summaries of

Chen v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 21, 2016
642 F. App'x 787 (9th Cir. 2016)
Case details for

Chen v. Lynch

Case Details

Full title:XIAO GUANG CHEN, Petitioner, v. LORETTA E. LYNCH, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 21, 2016

Citations

642 F. App'x 787 (9th Cir. 2016)