Hanwei Wu v. Holder

Good Law
327 F. App'x 26
United States Court of Appeals for the Ninth CircuitMay 7, 2009No. 06-72584California459 words

Opinion

Lead Opinion

MEMORANDUM *

Hanwei Wu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s (“IJ”) decision denying his application for withholding of removal. 1 We have *27 jurisdiction pursuant to 8 U.S.C. § 1252 . 2 This Court reviews questions of law de novo. Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000). We review factual determinations for substantial evidence. Id. (“Under the substantial evidence standard of review, the court of appeals must affirm when it is possible to draw two inconsistent conclusions from the evidence.”) (citing Lambert v. Ackerley, 180 F.3d 997, 1012 (9th Cir.1999) (en banc)). For us to disturb the BIA’s decision, petitioner must show “the evidence not only supports ... but compels ” reversal. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

An alien seeking withholding of removal must establish a clear probability of persecution—namely that it is more likely than not that his “life or freedom would be threatened”—on account of his race, religion, nationality, membership in a particular social group, or political…

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