Kaimin Wang v. Eric H. Holder Jr.

Good Law
504 F. App'x 584
United States Court of Appeals for the Ninth CircuitJanuary 10, 201308-72753California345 words

Opinion

Opinion

MEMORANDUM

Kaimin Wang, a Chinese citizen, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the denial by an immigration judge (“IJ”) of Wang’s application for asylum, withholding, and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and we deny the petition.

Substantial evidence supports the IJ’s and BIA’s conclusion that Wang was not persecuted “on account of’ his actual or imputed political opinion as required for asylum. See 8 U.S.C. § 1101 (a)(42). The record contains evidence that Wang was arrested, beaten, and detained for obstructing a police investigation. Wang claims that the obstruction charge was a pretext and that Wang’s support for his former co-workers in a labor dispute was the real reason behind his treatment by Chinese authorities. But where, as here, “there is evidence of a legitimate prosecutorial purpose, foreign authorities enjoy much latitude in vigorously enforcing their laws.” Singh v. Gonzales, 439 F.3d 1100, 1112 (9th Cir.2006). Because Wang’s alleged obstruction of a police investigation is a legitimate reason for his arrest and detention, he has not met his…

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