Xue

Xue v. Gonzales

Good Law
121 F. App'x 752
United States Court of Appeals for the Ninth CircuitFebruary 10, 2005No. 04-70070; Agency No. A76-282-464California291 words

Opinion

Lead Opinion

MEMORANDUM ***

Hong Sheng Xue, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) 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 the IJ’s denial of asylum for substantial evidence and may reverse only if the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

Substantial evidence supports the IJ’s finding that petitioner failed to establish past persecution or a well-founded fear of future persecution. Petitioner participated in a workplace demonstration that escalated into a physical fight and left many individuals injured. Petitioner received two court summonses regarding the assaults which he ignored and fled the country fearing arrest. Because there is no evidence that the government seeks to prosecute petitioner based on political activity, but instead seeks to question petitioner regarding the ensuing violence, petitioner fails to establish eligibility for…

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