Yuan Chun Lei v. Gonzales

MEMORANDUM **

Yuan Chun Lei, a native and citizen of China, petitions for review of the Board of *661 Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order denying his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Baballah v. Ashcroft, 367 F.3d 1067, 1073 (9th Cir.2003), and we deny the petition for review.

The agency’s adverse credibility finding is supported by substantial evidence. Lei testified his parents were detained and required to attend anti-Falun Gong classes for three months, yet Lei was neither arrested nor otherwise physically harmed on account of his practice of Falun Gong. The record does not compel the conclusion that Lei proved past persecution or a well-founded fear of future persecution. See Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995) (“Persecution is an extreme concept that does not include every sort of treatment our society regards as offensive.”); Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000) (holding that petitioner must provide credible, direct, and specific…

dissenting:

Judge Reinhardt would reverse the adverse credibility finding and remand to the BIA for further proceedings.