Junfa Li v. Eric Holder, Jr.

Good Law
585 F. App'x 494
United States Court of Appeals for the Ninth CircuitOctober 20, 201412-73084California287 words

Opinion

Opinion

MEMORANDUM

Junfa Li, 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, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and we deny the petition for review.

Relying on evidence that Li lived safely in other parts of China for 20 years before coming to the United States, the agency found that even if Li suffered past persecution his presumption of a well-founded fear of future persecution was rebutted because Li could reasonably relocate to another part of China. Substantial evidence supports the agency’s finding. See Melkonian v. Ashcroft, 320 F.3d 1061, 1070 (9th Cir.2003) (presumption is overcome where a preponderance of the evidence shows “that the applicant can reasonably relocate internally to an area of safety”); Gonzalez-Hernandez, 336 F.3d at 999 (a period of relocation without harm is “highly relevant”).

Because Li did not…

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