Ming Guang Zhang v. Mukasey

Good Law
302 F. App'x 697
United States Court of Appeals for the Ninth CircuitDecember 3, 2008No. 04-75554California215 words

Opinion

lead Opinion

MEMORANDUM **

Ming Guang Zhang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997), and we deny the petition for review.

Substantial evidence supports the IJ’s conclusion that Zhang did not establish past persecution on account of a protected ground because, although official retaliation for whistleblowing may constitute persecution, the record does not compel such a conclusion here. See Kozulin v. INS, 218 F.3d 1112, 1115-16 (9th Cir.2000). Cf. Grava v. INS, 205 F.3d 1177, 1181 (9th *698 Cir.2000). Further, substantial evidence supports the IJ’s conclusion that Zhang has not established a well-founded fear of persecution if he returns to China. See Kozulin v. INS, 218 F.3d at 1117-18 .

Finally, because Zhang did not establish eligibility for asylum, it necessarily follows that he did not satisfy the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453…

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