Yang

Yang v. Gonzales

Good Law
143 F. App'x 874
United States Court of Appeals for the Ninth CircuitSeptember 19, 2005No. 04-71136California329 words

Opinion

Lead Opinion

MEMORANDUM **

Wu Biao Yang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ summary affirmance of an 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 for substantial evidence and may reverse only if the evidence compels a contrary conclusion. Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000). We deny the petition.

Substantial evidence supports the IJ’s decision that petitioner failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. Petitioner testified that he accidently hit a government official after the government requested that he relocate his mother’s burial site because the government planned to build a commercial port on the site. Because there is no evidence that the government’s request to move the burial site was on account of political opinion, petitioner’s asylum claim fails. See INS v. Elias-Zacarias, 502 U.S. 478, 482-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (holding that guerrilla group’s attempt to recruit…

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