Jin Hua Yu v. Immigration and Naturalization Service

91 F.3d 158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jin Hua YU, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70277. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 1996. Decided July 5, 1996. Before: HUG, Chief Judge, SCHROEDER and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Jin Hau Yu, a native and citizen of China, petitions for review of the Board of Immigration Appeals decision affirming an immigration judge's denial of Yu's request for asylum and withholding of deportation pursuant to 8 U.S.C. §§ 1158 (a) and 1253(h). 3 The question is whether substantial evidence supports the BIA's determination that petitioner failed to establish past persecution or a well-founded fear of future persecution. INS v. Elias-Zacarias, 502 U.S. 478, 481 (1992); 11 U.S.C. § 1101 (a)(42)(A). Yu argues that China will persecute him if he returns because of his participation in prodemocracy student demonstrations…