Zhonggui Cao v. Eric Holder, Jr.

MEMORANDUM

Zhonggui Cao, a native and citizen of China, petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

1. Substantial evidence supports the BIA’s finding that Cao did not suffer past persecution where he was detained for two days, without physical injury, and warned once not to participate in Christian house churches. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006) (brief detention, beating, and interrogation did not compel a finding o'f past persecution by Chinese police on account of unsanctioned religious practice); see also Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995) (“Although a reasonable factfinder could have found this incident sufficient to establish past persecution, we do not believe that a factfinder would be compelled to do so.”).

2. Substantial evidence also supports the BIA’s finding that Cao does not have a well-founded…