Yi Wang v. Eric H. Holder Jr.

FILED NOT FOR PUBLICATION JAN 24 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT YI MEI WANG, No. 08-73999 Petitioner, Agency No. A076-280-010 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 17, 2012 ** Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges. Yi Mei Wang, 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). INS v. Elias-Zacarias, 502 U.S. 478, 481 n.1 (1992), and we deny the petition for review. Wang testified that Chinese police sought to arrest him because he assaulted a police officer and obstructed official police duties. Wang does not allege he suffered past persecution, but fears persecution in the future. Substantial evidence supports the agency’s finding that, even if credible, Wang failed to establish a well-founded fear of future persecution on account of a protected ground. See Dinu v. Ashcroft, 372 F.3d 1041, 1044 (9th Cir. 2004) (ordinary prosecution for criminal activity is not persecution on account of a protected ground). Accordingly, Wang’s asylum and withholding of removal claims fail. See id. at 1045. PETITION FOR REVIEW DENIED. 2 08-73999