Liang Yuan Zhu v. Ashcroft

Good Law
76 F. App'x 166
United States Court of Appeals for the Ninth CircuitSeptember 19, 2003No. 02-70898; Agency No. A72-142-050California280 words

Opinion

Lead Opinion

MEMORANDUM **

Liang Yuan Zhu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ decision dismissing his appeal from 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 factual determinations concerning a petitioner’s eligibility for asylum, and must uphold them unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

Zhu contends that substantial evidence does not support the IJ’s credibility finding. We agree.

Substantial evidence does, however, support the IJ’s alternative conclusion that Zhu failed to establish that his fear of future persecution was objectively reasonable. Zhu testified that in 1989, he participated in two anti-government demonstrations and that as a result, police came to his university and home searching for him. Zhu does not contend that he suffered past persecution. This evidence does not compel the conclusion that the current Chinese government has any interest in persecuting him. See id. at…

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