Fei Yang v. Mukasey

MEMORANDUM **

Fei Yang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . The agency’s decision that an applicant has not established eligibility for asylum is reviewed for substantial evidence. Tang v. Gonzales, 489 F.3d 987, 989-90 (9th Cir. 2007). We deny in part and grant in part the petition for review.

Substantial evidence supports the IJ’s conclusion that Yang failed to establish a well-founded fear of future persecution due to her conversion to Christianity because Yang did not demonstrate that the evidence compels such a finding. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). Therefore, Yang’s claim for asylum based on religion fails.

Because Yang does not have a well-founded fear of future persecution, it necessarily follows that she does not qualify for withholding of removal based on religion. See id.

The BIA also denied Yang’s withholding of removal based on her alleged forced abortion without addressing the IJ’s adverse credibility…