621 F. App'x 433

AI HE, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

No. 12-70978.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 22, 2015.*

Filed Oct. 26, 2015.

Thomas Ogden, Counsel, Law Offices of Thomas Ogden, Alhambra, CA, for Petitioner.

OIL, Joseph D. Hardy, Jr., Esquire, Trial, U.S. Department of Justice, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: KOZINSKÍ, IKUTA, and OWENS, Circuit Judges,

MEMORANDUM **

Petitioner Ai He seeks review of the denial of her petition for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252.

He failed to exhaust her CAT claim because she did not argue it in her brief before the BIA. See Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir.2009). We therefore lack jurisdiction to consider it. Id.

Substantial evidence supports the BIA’s determination that He’s treatment by Chinese police did not amount to past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1017-22 (9th Cir.2006). The BIA’s determination that He failed to show a well-founded fear of future persecution was also supported by substantial evidence, namely the continued safety of her similarly situated family members who remained in China. See Zhao v. Mukasey, 540 F.3d 1027, 1031 (9th Cir.2008). Therefore, we deny the petition as to He’s asylum claim. Because He failed to establish eligibility for asylum, her withholding of removal claim necessarily fails. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006).

*434PETITION FOR REVIEW DISMISSED IN PART and DENIED IN PART.

Ai He v. Lynch
621 F. App'x 433

Case Details

Name
Ai He v. Lynch
Decision Date
Oct 26, 2015
Citations

621 F. App'x 433

Jurisdiction
United States

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