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10-3652-ag Dong v. Holder BIA Weisel, IJ A088 552 386 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Daniel Patrick Moynihan 3 United States Courthouse, 500 Pearl Street, in the City of 4 New York, on the 18th day of October, two thousand eleven. 5 6 PRESENT: 7 DENNIS JACOBS, 8 Chief Judge, 9 RAYMOND J. LOHIER, JR., 10 SUSAN L. CARNEY, 11 Circuit Judges. 12 _______________________________________ 13 14 XING TONG DONG, 15 Petitioner, 16 17 v. 10-3652-ag 18 NAC 19 ERIC H. HOLDER, JR., UNITED STATES 20 ATTORNEY GENERAL, 21 Respondent. 22 ______________________________________ 23 24 FOR PETITIONER: Freddy Jacobs, New York, New York. 25 26 FOR RESPONDENT: Tony West, Assistant Attorney 27 General; Blair T. O’Connor, 28 Assistant Director; Edward C. 29 Durant, Trial Attorney, Office of 1 1 Immigration Litigation, Civil 2 Division, United States Department 3 of Justice, Washington, D.C. 4 5 UPON DUE CONSIDERATION of this petition for review of a 6 Board of Immigration Appeals (“BIA”) decision, it is hereby 7 ORDERED, ADJUDGED, AND DECREED that the petition for review 8 is DENIED. 9 Petitioner Xing Tong Dong, a native and citizen of 10 China, seeks review of a August 13, 2010 order of the BIA 11 affirming the October 30, 2008 decision of Immigration Judge 12 (“IJ”) Robert Weisel denying his application for asylum, 13 withholding of removal, and relief under the Convention 14 Against Torture (“CAT”). In re Xing Tong Dong, No. A088 552 15 386 (B.I.A. Aug. 13, 2010), aff’g No. A088 552 386 (Immig. 16 Ct. N.Y. City Oct. 30, 2008). We assume the parties’ 17 familiarity with the underlying facts and procedural history 18 in this case. 19 Under the circumstances of this case, we have reviewed 20 both the IJ’s and the BIA’s opinions “for the sake of 21 completeness.” Zaman v. Mukasey,
514 F.3d 233, 237 (2d Cir. 22 2008). The applicable standards of review are well 23 established. See 8 U.S.C. § 1252(b)(4)(B); Yanqin Weng v. 24 Holder,
562 F.3d 510, 513 (2d Cir. 2009). 2 1 Contrary to Dong’s position, the agency reasonably 2 concluded that his six hours of detention, during which he 3 was forced to write a “self-confession” letter, did not rise 4 to the level of persecution. Brief periods of detention, on 5 their own, may not rise to the level of persecution. See Ai 6 Feng Yuan v. U.S. Dept. of Justice,
416 F.3d 192, 198 (2d 7 Cir. 2005), overruled on other grounds by Shi Liang Lin v. 8 U.S. Dep't. of Justice,
494 F.3d 296, 313 (2d Cir. 2007). 9 Nor did the incident in which family planning officials 10 threatened Dong with possible sterilization rise to the 11 level of persecution. See Gui Ci Pan v. U.S. Att'y Gen., 12
449 F.3d 408, 412 (2d Cir. 2006) (rejecting persecution 13 claims involving unfulfilled threats). 14 Because Dong did not provide any evidence that he was 15 threatened with sterilization after his wife’s forced 16 abortion, and the record evidence fails to indicate that he 17 would be sterilized if he were to return to China, Dong also 18 did not establish an objectively reasonable fear of future 19 persecution, i.e. sterilization. See Jian Xing Huang v. 20 INS,
421 F.3d 125, 129 (2d Cir. 2005) (per curiam) (holding 21 that, absent solid support in the record for the 3 1 petitioner’s assertion that he would be subjected to 2 persecution in China because of his desire to have more 3 children, his fear was “speculative at best”). Accordingly, 4 because Dong did not establish that he suffered past 5 persecution or that his fear of sterilization was 6 objectively reasonable, he did not establish his eligibility 7 for asylum or withholding of removal. See Ramsameachire v. 8 Ashcroft,
357 F.3d 169, 178, 184-85 (2d Cir. 2004). 9 For the foregoing reasons, the petition for review is 10 DENIED. As we have completed our review, any stay of 11 removal that the Court previously granted in this petition 12 is VACATED, and any pending motion for a stay of removal in 13 this petition is DISMISSED as moot. Any pending request for 14 oral argument in this petition is DENIED in accordance with 15 Federal Rule of Appellate Procedure 34(a)(2), and Second 16 Circuit Local Rule 34.1(b). 17 FOR THE COURT: 18 Catherine O’Hagan Wolfe, Clerk 19 20 21 4
Document Info
Docket Number: 10-3652-ag
Citation Numbers: 441 F. App'x 38
Judges: Jacobs, Lohier, Carney
Filed Date: 10/18/2011
Precedential Status: Non-Precedential
Modified Date: 11/5/2024