Jian Chen v. Eric Holder, Jr.

MEMORANDUM

Jian Qin Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . Review ing for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), we deny the petition for review.

Chen does not challenge the agency’s finding that she failed to demonstrate past persecution, but she fears returning to China because of an affiliation with Falun Gong. Substantial evidence supports the BIA’s finding that Chen lacks a well-founded fear of future persecution. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (“To reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels it .... ”); see also Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003) (possibility of future persecution too speculative). Accordingly, Chen’s asylum claim fails.

Because Chen failed to meet the lower burden of proof for asylum, it follows that she has not met the higher standard for withholding of…