Yanfeng Gao v. Eric Holder, Jr.

MEMORANDUM

Yanfeng Gao and Jinghua Wang, natives and citizens of China, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their, application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, and review de novo claims of due process violations. Singh v. Holder, 638 F.3d 1264, 1268-69 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

Petitioners concede that they did not suffer past persecution, but fear future persecution based on Gao’s joining a Shouter’s church while in the United States. Substantial evidence supports the BIA’s determination that Gao failed to establish a well-founded fear of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003) (possibility of future persecution too speculative).

Because petitioners failed to establish eligibility for asylum, they necessarily failed to meet the more stringent standard for withholding of removal. See Prasad v. INS, 47 F.3d 336, 340 (9th…