Junwei Wu v. Eric Holder, Jr.

MEMORANDUM

Junwei Wu petitions for review of the determinations of the Board of Immigration Appeals (BIA) that he failed to establish asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We review for substantial evidence and will reverse only if the record compels a contrary conclusion. Jiang v. Holder, 611 F.3d 1086, 1091 (9th Cir.2010).

Assuming that Wu engaged in other resistance to China’s “one couple, one child” policy, the record does not compel the conclusion that Wu suffered past persecution or has a well-founded fear of future persecution on account of his resistance. See Li v. Ashcroft, 356 F.3d 1153, 1158-59 (9th Cir.2004). Although his wife’s forced abortion serves as some proof that he suffered past persecution, that alone is not sufficient to establish past persecution. Jiang, 611 F.3d at 1095-96 . To further support his claim, Wu argues that he suffered past persecution when the director of the local birth planning office threatened to have him sterilized if he ever again attempted to have another child with his wife. We have held that “repeated and especially menacing death threats can constitute a primary part of a past…