Liu

Peng Liu v. Holder

Good Law
460 F. App'x 650
United States Court of Appeals for the Ninth CircuitDecember 1, 201106-70421California687 words

Opinion

Opinion

MEMORANDUM

Peng Liu petitions pro se for review of a decision by the Board of Immigration Appeals (“BIA”) affirming the denial of Liu’s applications for asylum, withholding of removal and protection under the United Nations Convention Against Torture (“CAT”). Liu has also asked both the BIA and this court to remand his case so that he can apply for adjustment of status based on his 2005 marriage to a U.S. citizen. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition.

The facts of this case are known to the parties. We do not repeat them.

We review the BIA’s factual findings for substantial evidence and its legal conclusions de novo. See Benyamin v. Holder, 579 F.3d 970, 974 (9th Cir.2009).

To qualify for asylum, Liu must show that he “is unable or unwilling to return to” China “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” See 8 U.S.C. §§ 1101 (a)(42)(A); 1158(b)(1)(A). “To be well-founded, an asylum applicant’s fear of persecution must be both subjectively genuine and objectively reasonable.” Ahmed v. Keisler, 504 F.3d 1183, 1191 (9th…

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