Qing Yuan v. Eric Holder, Jr.

MEMORANDUM

Qing Xue Yuan, 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 (“IJ”) decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Ren v. Holder, 648 F.3d 1079, 1083 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s finding that Yuan failed to establish past persecution on account of his resistance to a coercive population control policy. See Jiang v. Holder, 611 F.3d 1086, 1094 (9th Cir.2010) (“an applicant must provide evidence of resistance in addition to the spouse’s forced abortion or sterilization” to be eligible for asylum). Substantial evidence also supports the BIA’s finding that Yuan did not demonstrate a well-founded future fear of forced sterilization or persecution for resistance to China’s coercive population control policy. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003) (possibility of future persecution was too speculative).

With respect to Yuan’s claim based on…