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No. 8689095
United States Court of Appeals for the Ninth Circuit

Fangkai Lin v. Mukasey

No. 8689095 · Decided September 11, 2008
No. 8689095 · Ninth Circuit · 2008 · FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 11, 2008
Citation
No. 8689095
Disposition
See opinion text.
Full Opinion
*666 MEMORANDUM ** Fangkai Lin, a native and citizen of the People’s Republic 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, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Na-goulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review. Substantial evidence supports the BIA’s conclusion that Lin’s experiences in China do not rise to the level of past persecution, see Nagoulko, 333 F.3d at 1016-17 . In addition, the record does not compel the conclusion that Lin’s fear of future persecution is on account of an enumerated ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483-484 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Substantial evidence supports the BIA’s conclusion that Lin failed to establish a clear probability of harm in China and is therefore not eligible for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006). Finally, substantial evidence supports the agency’s denial of CAT relief because Lin has not shown that it is more likely than not that he will be tortured if returned to China. See Singh v. Gonzales, 439 F.3d 1100, 1113 (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.
Plain English Summary
*666 MEMORANDUM ** Fangkai Lin, a native and citizen of the People’s Republic of China petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applicatio
Key Points
Frequently Asked Questions
*666 MEMORANDUM ** Fangkai Lin, a native and citizen of the People’s Republic of China petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applicatio
FlawCheck shows no negative treatment for Fangkai Lin v. Mukasey in the current circuit citation data.
This case was decided on September 11, 2008.
Use the citation No. 8689095 and verify it against the official reporter before filing.
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