Xia Chen v. Eric Holder, Jr.

MEMORANDUM

Xia Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence. Ahmed v. Keisler, 504 F.3d 1183, 1191 (9th Cir.2007). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the BIA’s denial of CAT relief because Chen failed to establish it is more likely than not that she will be tortured if returned to China. See id. at 1201 .

With respect to Chen’s asylum and withholding of removal claims, substantial evidence supports the BIA’s determination that Chen did not suffer harm that rises to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1020-21 (9th Cir. 2006) (petitioner did not establish past persecution where the petitioner was arrested and detained for three days, interrogated, and struck with a rod ten times). However, as to Chen’s future fear, substantial evidence does not support the BIA’s nexus…