Xin He v. Eric Holder, Jr.

MEMORANDUM

Xin Ning He petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Substantial evidence supports the BIA’s decision that He did not establish past persecution or a well-founded fear of future persecution on account of his resistance to China’s family-planning policies. See Nai Yuan Jiang v. Holder, 611 F.3d 1086, 1093 (9th Cir.2010); Matter of J-S- 24 I. & N. Dec. 520, 542 (2008). He presented no evidence of persecution other than his wife’s forced sterilization, which does not on its own compel the conclusion that He suffered past persecution. Ming Xin He v. Holder, 749 F.3d 792, 795-96 (9th Cir.2014).

Nor does the record compel the conclusion that He demonstrated a well-founded fear of future persecution when he lived in China for almost ten years after his wife’s forced sterilization without experiencing any persecution. See Rodriguez-Rivera v. U.S. Dep't of Immigration & Naturalization, 848 F.2d 998, 1006 (9th Cir.1988) (per curiam) (upholding denial…