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362 F. App'x 598

Morales-Barela v. Holder

U.S. Courts of Appeals

Decided January 19, 2010

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U.S. Courts of Appeals · decided 2010-01-19

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Zehatye v. Gonzales · Prasad v. Immigration & Naturalization Service · Xiaoguang Gu v. Gonzales

Decided 2010-01-19

¶1 MEMORANDUM …

¶2 Cun Feng Yiang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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, Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir. 2006), and we deny the petition for review.

¶3 Substantial evidence supports the BIA’s conclusion that the single arrest and fine Yiang suffered did not amount to past persecution. See id. at 1019-21, see also Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). Substantial evidence also supports the BIA’s finding that Yiang failed to demonstrate a well-founded fear* of persecution because his fear of future persecution is not objectively reasonable. See Gu, 454 F.3d at 1021-22.

¶4 Because Yiang failed to establish eligibility for asylum he necessarily failed to establish eligibility for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006).

¶5 PETITION FOR REVIEW DENIED.

…

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

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