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Dongtian Ji v. Eric H. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 25, 2011

DONGTIAN JI, PETITIONER,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL, RESPONDENT.

Agency No. A096-364-729 On Petition for Review of an Order of the Board of Immigration Appeals

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

Submitted January 10, 2011*fn2

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

Dongtian Ji, a native and citizen of China, petitions for review of the Board of Immigration Appeals' ("BIA") 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 factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.

Ji did not allege he experienced past persecution. Ji testified he feared being "blacklisted" in China based on his former newspaper business in Hungary, which would ruin his business and result in cancellation of his passport. Substantial evidence supports the BIA's finding that, even if he were eligible for asylum, Ji failed to establish a well-founded fear of future persecution in China because he testified he sold his newspaper business and he was able to successfully renew his passport. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (petitioner's future fear was not objectively reasonable because it was too speculative). Accordingly, Ji's asylum claim fails.

Because Ji has failed to meet the lower standard of proof for asylum, his claim for withholding of removal necessarily fails. See Zehatye, 453 F.3d at 1190.

PETITION FOR REVIEW DENIED.


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