FILED
NOT FOR PUBLICATION JUL 14 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JIANXIN LI, No. 07-75003
Petitioner, Agency No. A076-862-022
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Jianxin Li, a native and citizen of China, petitions for review of the 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,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we deny the petition
for review.
Substantial evidence supports the BIA’s denial of asylum because Li’s brief
detention and mistreatment at the hands of the Chinese police did not rise to the
level of past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.
2006). Furthermore, substantial evidence supports the conclusion that Li has not
established a well-founded fear of persecution if he returns to China. See id. at
1021-22. Accordingly, Li’s asylum claim fails.
Because Li failed to demonstrate eligibility for asylum, it follows that he did
not satisfy the more stringent standard for withholding of removal. See Zehatye v.
Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.
2 07-75003