Xinfeng Li v. Loretta E. Lynch

MEMORANDUM

Xinfeng Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal of the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 and review the agency’s factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition. Substantial evidence supports the BIA’s determination that, considering the totality of the circumstances, Li failed to demonstrate harm rising to the level of persecution.

1. Spouses of individuals forced to undergo abortions are not presumptively eligible for refugee status, but they may qualify for political asylum if they have been persecuted “for other resistance to a coercive population control program.” 8 U.S.C. § 1101 (a)(42); Jiang v. Holder, 611 F.3d 1086, 1092-97 (9th Cir. 2010).

In Jiang , this Court held that an asylum applicant, whose girlfriend was subjected to a forced abortion, established such persecution. Officials detained Jiang until the abortion was complete and released him only upon payment…