MEISHUN YAN v. BARR (2020)

MEMORANDUM **

Meishun Yan, 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. 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 agency's determination that Yan failed to establish he suffered harm that rises to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir. 2006) (detention, beating, and interrogation did not compel a finding of past persecution). We reject as unsupported by the record Yan's contentions that the agency failed to consider the totality of circumstances in finding he failed to establish past persecution.

Substantial evidence also supports the agency's determination that Yan did not establish a well-founded fear of future persecution. See id. at 1022 (petitioner failed to present “compelling, objective evidence demonstrating a well-founded fear of persecution”).

Thus, Yan's asylum claim fails.

As stated in the court's January 14, 2016 order, the temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.