USCA1 Opinion

[NOT FOR PUBLICATION]

United States Court of Appeals

For the First Circuit
____________________

No.

97-1546

BI SONG HUANG and LI MING AO,

Petitioners,

v.

IMMIGRATION AND NATURALIZATION SERVICE,

Respondent.

____________________

PETITION FOR REVIEW OF AN ORDER OF

THE BOARD OF IMMIGRATION APPEALS

____________________

Before

Selya, Circuit Judge,

_____________
Campbell, Senior Circuit Judge,
____________________
and Lynch, Circuit Judge.
_____________

____________________

Allan A. Samson on brief for petitioner.

_______________

Ernesto H. Molina, Jr., Office of Immigration Litigation,

______________________
Civil

Division,

Assistant

Department

Attorney General,

of Justice,
Civil

Frank

Division, and

W.

Hunger,
David V.
_________

Bernal, Senior Litigation Counsel, on brief for respondent.

______

____________________

December 16, 1997

____________________

Per Curiam.
___________

Petitioners Bi Song Huang and Liu Ming

Ao, a

the

married couple in

People's Republic

deportation

Huang and

asylum

on

their twenties who are

of

China,

seek

citizens of

review of

final

order of the Board of Immigration Appeals (BIA).

Ao

have

conceded

excludability,

and withholding of deportation.

December

13,

1995 found

them

but

requested

An Immigration Judge

excludable

because they

possessed neither valid visas nor travel documents and denied

the application for

The

Board of

withholding of

Immigration Appeals

careful decision,

determination

asylum and

disagreed

with

that petitioners

on

the

deportation.

April 8,

1997, in

Immigration

were not credible

Judge's

but found

that Huang had not established his claim (under which Ao also

sought protection) for asylum and withholding of deportation.

Under

1158(a),

the

Section

Attorney

authorized to

208(b)

of

General,

the

in

grant asylum to refugees.

INA,

her

U.S.C.

discretion,

is

Refugees are aliens

who are unable or unwilling to return to their native country

"because of persecution or a well-founded fear of persecution

on

account of race,

particular social

1101(a)(42)(A).

well

founded fear

persecutions

or

religion, nationality, membership

group, or political opinion."

These two

grounds --

of persecution

fears,

but

only

-22

--

to

8 U.S.C.

past persecution

do not

those

in a

apply to

in

the

or

all

five

enumerated categories.

See Tokarska
___ ________

v. INS, 978 F.2d 1 (1st

___

Cir. 1992).

If

we review,

the determinations by

are supported

deny the petition.

481 (1992).

See
___

Here, Huang

persecution when

the BIA, whose decisions

by substantial

evidence, we

must

INS v. Elias-Zacarias, 502 U.S. 478,

___
______________

argues that he suffered

he was beaten

and lost his job

from past

because he

protested

the activities of his employer, a local government

official.

But,

as the BIA

found, the protest was

employer's illegal activities (using prison labor

over his

to produce

goods), his employer was most likely corrupt, and "it appears

more

likely

that

punishment of

beliefs."

shown

asserted

this

corruption

applicant, not applicant's

Accordingly, the

nexus

is

based

political

on

past

basis

for the

presumed political

BIA determined,

between his

for asylum

the

Huang had

beliefs,

not

the ground

persecution,

and

the

actions taken by his employer.

As to Huang's

fear of persecution,

shown a

argument that he had

a well-founded

the BIA found that Huang

nexus between his

well be genuine, and his

fear of persecution,

had again not

which might

political beliefs, nor had he shown

that the

threat of

persecution was

concluded that Huang had not

a reasonable

persecution

person in

on

account

country-wide.

met his burden of showing "that

his circumstances .

of

The BIA

race,

-33

. .

religion,

would fear

nationality,

membership

in

opinion."

proof

particular

social

group,

or

political

Because Huang failed to meet the lower standard of

for asylum,

he also

probability standard of

of deportation.

did

not meet

the higher

clear

eligibility required for withholding

See INS v.
___ ___

Stevic, 467 U.S. 407, 413 (1984)

______

(alien must establish a "clear probability" of persecution to

avoid deportation under 8 U.S.C.

1253(h)).

The evidence of record unquestionably supports

BIA's

findings.

Congress

definition of asylum.

return

to

their

has

chosen

to

restrict

the

the

Not all who will face hardship if they

native

countries

are

eligible

for

consideration of asylum.

The

decision

petition is dismissed.

of

the Board

is

affirmed

and the

-44