Binglong Yu v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BINGLONG YU,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72801
Agency No. A098-460-170
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Binglong Yu, a native and citizen of China, petitions for review of a 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
FILED
MAR 19 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-72801 2
the agency’s factual findings, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.
2003), and we deny the petition for review.
Yu fears returning to China because he mailed a book about Falun Gong
from the United States to his wife in China in 2004, and Chinese officials
confiscated the book and issued a summons for him. Even if credible, substantial
evidence supports the BIA’s finding that Yu failed to demonstrate an objectively
reasonable fear of future persecution. See id. at 1018 (possibility of future
persecution is too speculative). Consequently, his asylum claim fails.
Because Yu failed to establish eligibility for asylum, he necessarily failed to
meet the more stringent standard for withholding of removal. See Zehatye v.
Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.

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