FILED
NOT FOR PUBLICATION MAY 20 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JINYI YANG, No. 13-71151
Petitioner, Agency No. A094-998-077
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
The government’s motion to lift the stay of proceedings is granted.
Jinyi Yang, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ order dismissing his appeal from an immigration judge’s
decision denying his application for asylum and withholding of removal. We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
findings. Jiang v. Holder, 611 F.3d 1086, 1091 (9th Cir. 2010). We deny the
petition for review.
Yang’s only challenge to the agency’s denial of his asylum and withholding
of removal claims is his contention that he suffered past persecution on account of
his “other resistance” to China’s family planning policies. Substantial evidence
supports the agency’s conclusion that Yang did not show that he engaged in “other
resistance.” See He v. Holder, 749 F.3d 792, 796 (9th Cir. 2014) (record did not
compel finding of “other resistance” where petitioner did not show “overt and
persistent defiance”) (internal quotations and citation omitted). Thus, we deny the
petition for review as to Yang’s asylum and withholding of removal claims. See
id. at 794.
PETITION FOR REVIEW DENIED.
2 13-71151