Wang

Qi Ying Wang v. Holder

Good Law
450 F. App'x 567
United States Court of Appeals for the Ninth CircuitSeptember 1, 201107-72197California403 words

Opinion

Opinion

MEMORANDUM

Qi Ying Wang is a native and citizen of China. She is married to an American citizen and has two American citizen sons. Claiming that if returned to China, she will be subject to its One Child Policy, Wang seeks asylum, withholding of removal and protection under the United Nations Convention Against Torture (“CAT”). The immigration judge (“IJ”) concluded that her fear was not objectively reasonable; the Board of Immigration Appeals (“BIA”) affirmed. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny Wang’s petition for review.

We conclude that substantial evidence supports the agency’s factual finding that Wang’s fear was not objectively reasonable. See Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998). Because Wang admitted that she has not suffered past persecution, the “the IJ and the BIA [wejre entitled to rely on all relevant evidence in the record, including [any] State Department report[s], in considering whether the petitioner has demonstrated that there is good reason to fear future persecution.” Molina-Estrada v. INS, 293 F.3d 1089, 1096 (9th Cir.2002) (distinguishing Garrovillas v. INS, 156 F.3d 1010, 1017 (9th Cir.1998)).

The record includes…

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