Long Hong v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LONG HONG,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-73537
Agency No. A094-803-497
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Long Hong, a native and citizen 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 and withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
FILED
JUN 16 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 factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th
Cir. 2006), and we deny the petition for review.
Hong claims he has a well-founded fear of future persecution by the Chinese
government because he provided assistance to North Korean refugees. Substantial
evidence supports the BIA’s determination that Hong failed to establish his fear of
persecution is objectively reasonable because his wife, who participated with him
in assisting the refugees, remains in China unharmed. See Nagoulko v. INS, 333
F.3d 1012, 1018 (9th Cir. 2003) (future harm was speculative); Hakeem v. INS, 273
F.3d 812, 816 (9th Cir. 2001) (“[a]n applicant's claim of persecution upon return is
weakened, even undercut, when similarly-situated family members continue to live
in the country without incident”). Accordingly, Hong’s asylum claim fails.
Because Hong did not establish asylum eligibility, it necessarily follows that
he did not satisfy the more stringent standard for withholding of removal. See
Zehatye, 453 F.3d at 1190.
PETITION FOR REVIEW DENIED.
11-73537 2

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