Chen v. Eric Holder, Jr. , 548 F. App'x 492 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 10 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHEN BEIBEI, a.k.a. Beibei Chen, No. 10-72484
Petitioner, Agency No. A099-580-780
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Chen Beibei, a native and citizen of China, petitions pro se for review of a
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.
2009). We deny the petition for review.
Substantial evidence supports the BIA’s finding that Beibei’s experiences in
China did not rise to level of past persecution. See Gu v. Gonzales, 454 F.3d 1014,
1020 (9th Cir. 2006) (detention, beating, and interrogation did not compel finding
of past persecution by Chinese authorities on account of religious practice);
Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir. 1999) (“[T]he possibility of
drawing two inconsistent conclusions from the evidence does not prevent an
administrative agency’s finding from being supported by substantial evidence.”)
(internal citations and quotation marks omitted). Substantial evidence also
supports the BIA’s finding that Beibei failed to demonstrate a well-founded fear of
future persecution. See Gu, 454 F.3d at 1022; Gonzalez-Hernandez v. Ashcroft,
336 F.3d 995, 1000 (9th Cir. 2003) (BIA may construe “an ambiguous or
somewhat contradictory country report”). Consequently, Beibei’s asylum claim
fails.
Because Beibei failed to meet his burden of proof for asylum, he necessarily
failed to meet the higher burden of proof for withholding of removal. See Zehatye
v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
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Finally, substantial evidence supports the denial of Beibei’s CAT claim
because he failed to establish it is more likely than not he would be tortured by or
with the consent or acquiescence of a public official in China. See Silaya v.
Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
3 10-72484