Chun Liu v. Ashcroft

Good Law
114 F. App'x 853
United States Court of Appeals for the Ninth CircuitDecember 9, 2004No. 03-71123; Agency No. A78-668-457California295 words

Opinion

Lead Opinion

MEMORANDUM **

Chun Liu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ decision affirming the im *854 migration judge’s (“IJ”) denial of his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

Substantial evidence supports the IJ’s conclusion that Liu did not establish a well-founded fear of future persecution on account of religion. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003) (denying asylum relief in part because petitioner’s claim was “too speculative to be credited as a basis for fear of future persecution”). Accordingly, Liu failed to establish eligibility for asylum. See id.

Because Liu failed to establish eligibility for asylum, he necessarily failed to satisfy the more stringent standard for withholding of removal. See Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000).

The IJ properly denied relief under CAT because Liu failed to demonstrate that it is more likely than not that he will be tortured if removed to China. See Malhi v. INS, 336 F.3d 989, 993 (9th…

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