Binglong Yu v. Eric Holder, Jr.

MEMORANDUM

Binglong Yu, a native and citizen of China, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

Yu fears returning to China because he mailed a book about Falun Gong from the United States to his wife in China in 2004, and Chinese officials confiscated the book and issued a summons for him. Even if credible, substantial evidence supports the BIA’s finding that Yu failed to demonstrate an objectively reasonable fear of future persecution. See id. at 1018 (possibility of future persecution is too speculative). Consequently, his asylum claim fails.

Because Yu faded to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is…