Jun Cheng v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUN CHENG,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73288
Agency No. A098-469-473
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 11, 2014**
Pasadena, California
Before: SILVERMAN, TALLMAN, and RAWLINSON, Circuit Judges.
Jun Cheng, a native and citizen of China, petitions for review of the Board
of Immigration Appeals denial of asylum and withholding of removal. We have
jurisdiction pursuant to 8 U.S.C. § 1252(b)(1), and deny the petition for review.
FILED
JUL 15 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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The agency’s adverse credibility finding is supported by several instances of
Cheng’s significant inconsistent testimony regarding the events underlying her
claim. Shrestha v. Holder, 590 F.3d 1034, 1046-47 (9th Cir. 2010).
Substantial evidence also supports the agency’s alternative finding that, even
if Cheng’s testimony were deemed to be credible, Cheng did not establish either
past persecution or a well-founded fear of future persecution. Cheng’s single
overnight detention and her husband’s rough treatment, after which they were
released unharmed, did not rise to the level of persecution. Gu v. Gonzales, 454
F.3d 1014, 1019-21 (9th Cir. 2006). Similarly, the agency’s finding that Cheng
does not have an objective fear of future persecution on account of political
opinion is supported by Cheng’s testimony that her similarly situated husband has
remained in China without further detention or arrest. Hakeem v. INS, 273 F.3d
812, 816 (9th Cir. 2001), superseded by statute on other grounds as stated in
Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir. 2007). Nor is there evidence in
the record that would compel a conclusion that Cheng has an objectively
reasonable fear of future persecution on account of her recent conversion to
Christianity.
PETITION FOR REVIEW DENIED.
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