FILED
NOT FOR PUBLICATION OCT 22 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MINGQIANG XIE, No. 13-72361
Petitioner, Agency No. A089-971-329
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 14, 2015**
Before: SILVERMAN, BERZON, and WATFORD, Circuit Judges.
Mingqiang Xie, 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 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. See Zehatye v. Gonzales, 453 F.3d 1182, 1184-85
(9th Cir. 2006). We deny the petition for review.
Substantial evidence supports the agency’s finding that Xie’s experience of
escaping arrest during a Christian house church service in China did not rise to the
level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1020-21 (9th Cir. 2006).
The record does not support Xie’s contention that he was disallowed from
practicing his religion. In addition, the record does not compel the conclusion that
Xie established a well-founded fear of future persecution. See id. at 1021-22
(speculative fear of persecution based on hearsay testimony did not compel
conclusion that house church participant established a well-founded fear of
persecution). Thus, Xie’s asylum claim fails.
Because Xie failed to establish eligibility for asylum, he necessarily failed to
meet the higher standard of eligibility for withholding of removal. See Zehatye,
453 F.3d at 1190.
PETITION FOR REVIEW DENIED.
2 13-72361