Suzhi He v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 11 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUZHI HE, No. 15-72266
Petitioner, Agency No. A201-205-972
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 8, 2020**
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
Suzhi He, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ order dismissing her appeal from an immigration
judge’s decision denying her applications for asylum, withholding of removal, and
relief under the Convention Against Torture (“CAT”). We have jurisdiction under
8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the
petition for review.
Substantial evidence supports the agency’s determination that He failed to
establish she suffered harm that rises to the level of persecution. See Gu v.
Gonzales, 454 F.3d 1014, 1019-21 (9th Cir. 2006) (detention, beating, and
interrogation did not compel a finding of past persecution). Substantial evidence
also supports the agency’s determination that He did not establish a well-founded
fear of future persecution. See id. at 1022 (petitioner failed to present “compelling,
objective evidence demonstrating a well-founded fear of persecution”). Thus, her
asylum claim fails.
In this case, because He failed to establish eligibility for asylum, she failed
to establish eligibility for withholding of removal. See Zehatye, 453 F.3d at 1190.
Finally, substantial evidence supports the agency’s denial of CAT relief
because He failed to show it is more likely than not she will be tortured by or with
the consent or acquiescence of the government if returned to China. See Aden v.
Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
As stated in the court’s February 3, 2016 order, the temporary stay of
removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DENIED.
2 15-72266