Yi Su v. Loretta E. Lynch

MEMORANDUM

On August 5, 2015, the court granted respondent’s unopposed motion to hold proceedings in abeyance for an additional 90 days. The stay of proceedings expired on November 3, 2015. Thus, respondent’s motion to lift the stay (Docket Entry No. 23) is denied as moot.

Yi Su, 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 decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review.

Substantial evidence supports the agency’s determination that, even if credible, the totality of circumstances, including Su’s wife’s abortion in China, did not rise to the level of persecution: See He v. Holder, 749 F.3d 792, 796 (9th Cir. 2014); see also Gu v. Gonzales, 454 F.3d 1014, 1021 (9th Cir. 2006) (evidence did not compel finding of past persecution). The record does not support Su’s contention that the BIA did not consider the totality of circumstances in addressing his…