Chen

Chen v. Ashcroft

Good Law
23 F. App'x 876
United States Court of Appeals for the Ninth CircuitJanuary 24, 2002No. 00-71203; INS No. A77-234-207California295 words

Opinion

Lead Opinion

MEMORANDUM **

Qi Ming Chen, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the Immigration Judge’s (“IJ”) order denying his application for asylum and withholding of removal, and his request for relief under the United Nations Convention Against Torture (“Convention”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny the petition.

Because the BIA conducted a de novo review of the IJ’s decision, we review the decision of the BIA. De Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997). We review for substantial evidence the BIA’s factual determinations, and must uphold them unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Substantial evidence supports the BIA’s conclusion that Chen failed to establish that he has a well-founded fear of persecution based on an enumerated ground. See Li v. INS, 92 F.3d 985, 987-88 (9th Cir.1996).

Because Chen failed to establish eligibility for asylum, he necessarily failed to establish eligibility for withholding of removal. See Lata v. INS, 204 F.3d 1241, 1244 (9th…

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