Yan Chen v. Holder

367 F. App'x 837

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 25, 2010
• Docket: 06-75191
• Status: Unpublished

Opinion

MEMORANDUM **

Yan Chen, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Nagoullco v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the BIA’s determination that the family planning officials’ attempts to arrest Chen for trying to marry while under the legal age did not establish past persecution, see id. at 1016, and she did not demonstrate an objectively reasonable fear of future persecution based on her opposition to China’s family planning policies or her illegal departure from China, see id. at 1018; see also Li v. INS, 92 F.3d 985, 988 (9th Cir.1996) (“Criminal prosecution for illegal departure is generally not considered to be persecution.”). Accordingly, Chen’s asylum claim fails.

Because Chen did not establish eligibility for asylum, it necessarily follows that she did not satisfy the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.