Ru Chen v. Gonzales

Good Law
158 F. App'x 859
United States Court of Appeals for the Ninth CircuitDecember 14, 2005No. 04-76219California279 words

Opinion

Lead Opinion

MEMORANDUM **

Ru Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ decision affirming and adopting an Immigration Judge’s order denying her applications for asylum and withholding of removal and protection under the Convention Against Torture *860 (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the agency’s decision for substantial evidence, Khourassany v. INS, 208 F.3d 1096, 1100 (9th Cir.2000), and we deny the petition for review.

Substantial evidence supports the agency’s finding that Chen failed to show past persecution. Accepting Chen’s testimony as true, we are not compelled to conclude that the tax collector’s conduct was extreme or severe enough to constitute persecution. See Prasad v. INS, 47 F.3d 336, 339 (9th Cir.1995).

Substantial evidence also supports the agency’s finding that Chen does not have a well-founded fear of future persecution. Chen’s documentary evidence does not compel a finding that the Chinese government would not recognize her marriage or would force her to be sterilized. See Ladha v. INS, 215 F.3d 889, 897 (9th Cir. 2000) (stating that where the petitioner has not established past…

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