FILED
NOT FOR PUBLICATION JAN 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DONGTIAN JI, No. 08-70404
Petitioner, Agency No. A096-364-729
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Dongtian Ji, 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).
factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and
we deny the petition for review.
Ji did not allege he experienced past persecution. Ji testified he feared being
“blacklisted” in China based on his former newspaper business in Hungary, which
would ruin his business and result in cancellation of his passport. Substantial
evidence supports the BIA’s finding that, even if he were eligible for asylum, Ji
failed to establish a well-founded fear of future persecution in China because he
testified he sold his newspaper business and he was able to successfully renew his
passport. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (petitioner’s
future fear was not objectively reasonable because it was too speculative).
Accordingly, Ji’s asylum claim fails.
Because Ji has failed to meet the lower standard of proof for asylum, his
claim for withholding of removal necessarily fails. See Zehatye, 453 F.3d at 1190.
PETITION FOR REVIEW DENIED.
2 08-70404