Chuang Jiang He v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM ***
This is an appeal from a final order of removal issued by the Board of Immigration Appeals (“BIA”). We find sufficient evidence in the record to support the BIA’s decision to deny asylum and withholding of removal in this case and therefore affirm.
I.
The parties are familiar with the factual and procedural history of this case. We set it forth only as necessary to support our decision.
It is the applicant’s burden to prove his or her eligibility for asylum. See 8 C.F.R. § 208.13 (a) (2001). To meet the burden, the applicant must show that he or she is a “refugee” under the Immigration and Naturalization Act (“INA”). See INA § 101(a)(42), 8 U.S.C. § 1101 (a)(42) (1999). A refugee is a person who is unwilling or unable to return to his or her country “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Id. The applicant must show that his or her fear of persecution is both subjectively genuine and objectively reasonable. See Blanco-Comarribas v. Immigration & Naturalization Serv., 830 F.2d 1039, 1042 (9th Cir.1987) (citation omitted).