Haiping Duan v. Gonzales

Good Law
144 F. App'x 668
United States Court of Appeals for the Ninth CircuitSeptember 19, 2005No. 04-74014California307 words

Opinion

Lead Opinion

MEMORANDUM **

Haiping Duan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s denial of her applications for asylum, withholding of re *669 moval 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. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 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 on account of political opinion. Because she told police that she had no political opinion and was only arrested for helping her Mend’s husband, a fugitive, illegally flee China, and there is no evidence that her arrest was based on a political opinion, she fails to show that she was persecuted on account of an enumerated ground. See id. at 482-84 , 112 S.Ct. 812 ; see also Molina-Estrada v. INS, 293 F.3d 1089, 1094-95 (9th Cir.2002) (holding that alien must show persecutors imputed a political opinion to…

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