Filed: Aug. 19, 2020
Latest Update: Aug. 19, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 19 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT YIKAI JIANG, No. 14-73551 Petitioner, Agency No. A201-193-101 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 17, 2020** Before: SCHROEDER, TROTT, and SILVERMAN, Circuit Judges. Yikai Jiang, a native and citizen of China, petitions pro se for review of the Board
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 19 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT YIKAI JIANG, No. 14-73551 Petitioner, Agency No. A201-193-101 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 17, 2020** Before: SCHROEDER, TROTT, and SILVERMAN, Circuit Judges. Yikai Jiang, a native and citizen of China, petitions pro se for review of the Board o..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 19 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
YIKAI JIANG, No. 14-73551
Petitioner, Agency No. A201-193-101
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 17, 2020**
Before: SCHROEDER, TROTT, and SILVERMAN, Circuit Judges.
Yikai Jiang, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”).
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings. Zehatye v. Gonzales,
453 F.3d 1182, 1184-
85 (9th Cir. 2006). We deny the petition for review.
Substantial evidence supports the BIA’s conclusion that even if Jiang
testified credibly and filed a timely application for asylum, he failed to establish
either past persecution or a well-founded fear of future persecution on account of a
protected ground. Ming Xin He v. Holder,
749 F.3d 792, 796 (9th Cir. 2014)
(noting that spouses of victims of forced abortions are not per se entitled to asylum
and concluding that the petitioner had not made a compelling showing of past
persecution); Gu v. Gonzales,
454 F.3d 1014, 1020-22 (9th Cir. 2006) (concluding
that a three-day detention, a two-hour interrogation, and a beating with a rod did
not compel a conclusion of past persecution and that the petitioner had failed to
“present compelling, objective evidence demonstrating a well-founded fear of
persecution”). Thus, Jiang’s asylum and withholding of removal claims fail.
Substantial evidence supports the agency’s denial of CAT protection
because Jiang failed to show it is more likely than not he will be tortured by or
with the consent or acquiescence of the government if returned to China. See Aden
v. Holder,
589 F.3d 1040, 1047 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
2 14-73551