Guangmin Lu v. Eric H. Holder Jr.

Good Law
422 F. App'x 625
United States Court of Appeals for the Ninth CircuitMarch 18, 201108-72606California419 words

Opinion

Opinion

MEMORANDUM

Guangmin Lu, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ 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”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Substantial evidence supports the agency’s finding that Lu’s arrest, detention, and mistreatment by Chinese authorities on account of his participation in a Christian house church do not rise 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 by Chinese police on account of unsanctioned religious practice); see also Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995) (“Although a reasonable factfinder could have found this incident sufficient to establish past persecution, we do not believe that a factfinder would be compelled to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.