Xian Fang Ou v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A089-222-835 Copies to all parties and the district court/agency. [998838516].. [11-1892]

Appeal: 11-1892

Document: 30

Date Filed: 04/24/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1892

XIAN FANG OU,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.

On Petition for Review of an Order of the Board of Immigration
Appeals.

Submitted:

March 29, 2012

Decided:

April 24, 2012

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Robert J. Adinolfi, New York, New York, for Petitioner.
Tony
West, Assistant Attorney General, Terri J. Scadron, Assistant
Director, Greg D. Mack, Senior Litigation Counsel, Washington,
DC, for Respondent.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-1892

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Date Filed: 04/24/2012

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PER CURIAM:
Xian Fang Ou, a native and citizen of the People’s
Republic of China, petitions for review from an order of the
Board

of

Immigration

Appeals

(“Board”)

dismissing

his

appeal

from the immigration judge’s order denying his applications for
asylum,

withholding

from

removal

Convention Against Torture.
that

he

suffered

past

religious practices.
This

court

and

withholding

under

the

Ou contends that he established

persecution

in

China

because

of

his

We deny the petition for review.
will

uphold

the

Board’s

determination

unless it is “manifestly contrary to the law and an abuse of
discretion.”

Djadjou v. Holder, 662 F.3d 265, 273 (4th Cir.

2011) (internal quotation marks omitted).

Our review of the

agency’s findings is narrow and deferential. Factual findings
are affirmed if supported by substantial evidence.

Substantial

evidence exists to support a finding unless the evidence was
such that any reasonable adjudicator would have been compelled
to conclude to the contrary.
Persecution

is

an

Id.
extreme

concept

and

may

include

actions less severe than threats to life or freedom but must
rise above mere harassment.
171, 177 (4th Cir. 2005).

Qiao Hua Li v. Gonzales, 405 F.3d
In some instances, brief detentions

accompanied by interrogations and minor beatings will fall short

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Appeal: 11-1892

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Date Filed: 04/24/2012

of establishing past persecution.

Page: 3 of 3

See Dandan v. Ashcroft, 339

F.3d 567, 573 (7th Cir. 2003).
We
substantial

have

reviewed

evidence

the

supports

establish past persecution.

record

the

and

finding

conclude

that

Ou

did

that
not

We note that the immigration judge

considered all the evidence that was in Ou’s favor.

However, we

conclude that the evidence does not compel a different result.
We note Ou makes a brief challenge to the finding that he did
not establish a well-founded fear of persecution.
that

substantial

evidence

supports

the

We conclude

immigration

judge’s

finding in this regard.
Accordingly,
dispense

with

oral

we

deny

argument

the

petition

because

the

for
facts

review.
and

We
legal

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

PETITION DENIED

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