Erfu Wu v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION MAR 3 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ERFU WU, No. 12-73119 Petitioner, Agency No. A099-038-882 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 18, 2014** Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges. Erfu Wu, a native and citizen China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications 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). the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review. Wu testified he was arrested at a house church service, detained for five days, and monitored by village cadres, but that he was not harmed and continued to attend the house church until he left China. Substantial evidence supports the BIA’s determination that these incidents did not rise to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir. 2006) (no past persecution although member of Christian house church was arrested and detained for three days, interrogated, beaten with a rod, and required to report to the police). Thus, contrary to Wu’s contention, he is not entitled to a presumption of a well-founded future fear of future persecution. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003). Substantial evidence also supports the BIA’s determination that Wu failed to establish a well-founded fear of persecution. See id. (fear of future harm too speculative). Accordingly, Wu’s asylum claim fails. Because Wu has not established eligibility for asylum, he necessarily cannot meet the more stringent standard for withholding of removal. See Zehatye, 453 F.3d at 1190. PETITION FOR REVIEW DENIED. 2 12-73119