Ming He v. Eric Holder, Jr. , 510 F. App'x 583 ( 2013 )

FILED
NOT FOR PUBLICATION FEB 26 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MING XIN HE, No. 10-72569
Petitioner, Agency No. A097-883-893
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted February 13, 2013 *
Honolulu, Hawaii
Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges.
Ming Xin He, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s
denial of his applications for asylum and withholding of removal. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Perez-
Ramirez v. Holder, 648 F.3d 953, 956 (9th Cir. 2011), and we deny the petition.
Substantial evidence supports the BIA’s finding that Petitioner’s two
detentions without physical harm do not rise to the level of past persecution. See
Gu v. Gonzales, 454 F.3d 1014, 1020–21 (9th Cir. 2006) (holding that a 3-day
detention and beating did not compel a finding of past persecution). Because
Petitioner did not establish eligibility for asylum, it follows that he failed to meet
the more stringent standard for withholding of removal. See Zehatye v. Gonzales,
453 F.3d 1182, 1190 (9th Cir. 2006).
DENIED.
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