Wei

Wei v. Ashcroft

Good Law
108 F. App'x 456
United States Court of Appeals for the Ninth CircuitAugust 20, 2004No. 03-70882California307 words

Opinion

Lead Opinion

MEMORANDUM **

Zongbiao Wei, a native and citizen of China, petitions for review of a Board of Immigration Appeals (“BIA”) order dismissing his appeal from an immigration judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and we deny the petition in part, grant it in part, and remand the case to the BIA for a more specific finding on Wei’s CAT claim.

Substantial evidence supports the BIA’s conclusion that Wei failed to establish a well-founded fear of future persecution on account of a protected ground, because Wei’s testimony that he fears the results of his trial for painting slogans on walls of buildings in his hometown “merely has established that he faces a possibility *458 of prosecution for an act deemed criminal” in China. See Abedini v. INS, 971 F.2d 188, 191 (9th Cir.1992); cf. Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999) (“The possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s…

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