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He v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 26, 2015
621 F. App'x 433 (9th Cir. 2015)

Opinion

No. 12-70978

10-26-2015

AI HE, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A095-716-806 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 22, 2015 Pasadena, California Before: KOZINSKI, IKUTA, and OWENS, Circuit Judges.

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). --------

Petitioner Ai He seeks review of the denial of her petition for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252.

He failed to exhaust her CAT claim because she did not argue it in her brief before the BIA. See Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir. 2009). We therefore lack jurisdiction to consider it. Id.

Substantial evidence supports the BIA's determination that He's treatment by Chinese police did not amount to past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1017-22 (9th Cir. 2006). The BIA's determination that He failed to show a well-founded fear of future persecution was also supported by substantial evidence, namely the continued safety of her similarly situated family members who remained in China. See Zhao v. Mukasey, 540 F.3d 1027, 1031 (9th Cir. 2008). Therefore, we deny the petition as to He's asylum claim. Because He failed to establish eligibility for asylum, her withholding of removal claim necessarily fails. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).

PETITION FOR REVIEW DISMISSED IN PART and DENIED IN PART.


Summaries of

He v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 26, 2015
621 F. App'x 433 (9th Cir. 2015)
Case details for

He v. Lynch

Case Details

Full title:AI HE, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 26, 2015

Citations

621 F. App'x 433 (9th Cir. 2015)