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642 F. App'x 787

Xiao Chen v. Loretta E. Lynch

U.S. Courts of Appeals

Decided March 21, 2016

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U.S. Courts of Appeals · decided 2016-03-21

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

Relies on Zehatye v. Gonzales · Xiaoguang Gu v. Gonzales

Decided 2016-03-21

¶1 MEMORANDUM …

¶2 Xiao Guang Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ 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 the agency’s factu *788 al findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny petition for review.

¶3 Chen fears he will be persecuted based on his resistance to and violation of China’s population control policies. Substantial evidence supports the agency’s finding that Chen failed to establish his fear of future persecution in China is objectively reasonable. See Gu v. Gonzales, 454 F.3d 1014, 1022 (9th Cir.2006) (concluding petitioner failed to present compelling, objective evidence demonstrating a well-founded fear of persecution). We reject Chen’s contention that the BIA failed to consider evidence. Thus, we deny the petition as to Chen’s asylum claim.

¶4 Because Chen failed to establish eligibility for asylum, his withholding of removal claim necessarily fails. See Zehatye, 453 F.3d at 1190.

¶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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