Zhao

MEMORANDUM

Petitioner Lu De Zhao, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeal’s (BIA) final order denying her application for asylum. Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny Zhao’s petition for review.

On August 6, 2002, Zhao filed her initial application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) based on alleged persecution of her family after her parents violated China’s family planning policy by having a second child, Zhao’s brother. After the immigration judge (IJ) and BIA denied her application, Petitioner appealed to the Ninth Circuit. See Zhao v. Gonzales (Zhao I), 143 Fed.Appx. 906 (9th Cir.2005). The court denied her petition as to her withholding of removal claim and found her CAT and religious persecution claims waived. Id. at 906-07 . The court remanded the asylum claim back to the IJ to make a new determination in light of Zhang v. Gonzales, 408 F.3d 1239 (9th…