Xing Gao v. Eric Holder, Jr.

MEMORANDUM

Xing Hui Gao, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ decision affirming the immigration judge’s denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a), and we DENY the petition.

In his petition, Gao challenges the BIA’s determination that he failed to establish eligibility for asylum and withholding of removal. Specifically, Gao challenges the BIA’s determination that he failed to demonstrate past persecution or a well-founded fear of future persecution.

Although his fiancée’s forced abortion is proof of her past persecution, Gao himself cannot qualify for refugee status solely on the basis of the fiancée’s forced abortion. See Jiang v. Holder, 611 F.3d 1086, 1095 (9th Cir.2010) (citing Matter of J-S-, 24 I. & N. Dec. 520, 535 (Att’y Gen.2008)). Rather, Gao must establish that he (i) resisted China’s coercive population control program; and (ii) suffered or has a well- founded fear that he would suffer persecution by the Chinese government on account of such resistance. See Jiang, 611 F.3d at 1094 ; J-S-, 24 I.…