FILED
NOT FOR PUBLICATION APR 30 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MIN CHEN, No. 13-72630
Petitioner, Agency No. A099-905-783
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Min Chen, 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).
the agency’s factual findings, 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, even if Chen
were credible, his experiences in China, considered cumulatively, did not rise to
the level of past persecution. See He v. Holder, 749 F.3d 792, 796 (9th Cir. 2014)
(applicant must show “substantial evidence of further persecution” apart from
spouse’s forced abortion). Substantial evidence also supports the BIA’s finding
that Chen failed to establish an objectively reasonable fear of future persecution in
China. See id. Thus, Chen’s asylum claim fails.
Because Chen failed to establish eligibility for asylum, his withholding of
removal claim necessarily fails. See Zehatye, 453 F.3d at 1190.
PETITION FOR REVIEW DENIED.
2 13-72630