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No. 8630096
United States Court of Appeals for the Ninth Circuit
Lao Ming Lin v. Gonzales
No. 8630096 · Decided April 18, 2007
No. 8630096·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 18, 2007
Citation
No. 8630096
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Lao Ming Lin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, adopting and affirming an Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal *677 and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Substantial evidence supports the IJ’s finding that Lin failed to establish past persecution because the events which took place regarding the demolition of Lin’s home to build a road did not constitute persecution and were unrelated to an enumerated ground. See Al-Saher v. INS, 268 F.3d 1143, 1146 (9th Cir.2001). Because Lin did not establish that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See id. Substantial evidence also supports the denial of CAT relief because Lin did not establish that it is more likely than not that he will be tortured if he returns to China. See Mamouzian v. Ashcroft, 390 F.3d 1129, 1139 (9th Cir.2004). 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
MEMORANDUM ** Lao Ming Lin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, adopting and affirming an Immigration Judge’s (“IJ”) order denying his application for asylum, withholdin
Key Points
01MEMORANDUM ** Lao Ming Lin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, adopting and affirming an Immigration Judge’s (“IJ”) order denying his application for asylum, withholdin
02Substantial evidence supports the IJ’s finding that Lin failed to establish past persecution because the events which took place regarding the demolition of Lin’s home to build a road did not constitute persecution and were unrelated to an
03Because Lin did not establish that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal.
04Substantial evidence also supports the denial of CAT relief because Lin did not establish that it is more likely than not that he will be tortured if he returns to China.
Frequently Asked Questions
MEMORANDUM ** Lao Ming Lin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, adopting and affirming an Immigration Judge’s (“IJ”) order denying his application for asylum, withholdin
FlawCheck shows no negative treatment for Lao Ming Lin v. Gonzales in the current circuit citation data.
This case was decided on April 18, 2007.
Use the citation No. 8630096 and verify it against the official reporter before filing.