FILED
NOT FOR PUBLICATION JUL 14 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HAN ZHANG LU, No. 08-73934
Petitioner, Agency No. A097-883-908
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Han Zhang Lu, 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
*
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).
substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184–85 (9th Cir.
2006), and we deny the petition for review.
Substantial evidence supports the BIA’s determination that Lu is ineligible
for asylum where he conceded he suffered no past persecution and failed to
establish a well-founded fear of future persecution in China. See 8 U.S.C.
§ 1101(a)(42)(A); Arriaga-Barrientos v. INS, 937 F.2d 411, 414 (9th Cir. 1991)
(noting that persecution of a petitioner’s family members may establish a well-
founded fear, despite a lack of persecution against the petitioner, only if the
persecution is “closely tied to the petitioner”). Accordingly, Lu’s asylum claim
fails.
Because Lu failed to prove eligibility for asylum, Lu has necessarily failed
to prove eligibility for withholding of removal. See Farah v. Ashcroft, 348 F.3d
1153, 1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
2 08-73934