Xiu Chen v. Eric Holder, Jr.

MEMORANDUM

Xiu Mei 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 the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we review de novo due process claims, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We review for abuse of discretion the BIA’s denial of humanitarian asylum. Belayneh v. INS, 213 F.3d 488, 491 (9th Cir.2000). We deny the petition for review.

Chen’s counsel conceded that Chen does not claim a risk of future persecution due to the passage of time. Substantial evidence supports the BIA’s finding that, even if she was credible and even if she established past persecution, this concession rebutted Chen’s presumption of a well-found fear of future persecution. See 8 C.F.R. § 1208.13 (b)(1) (presumption may be rebutted by showing a fundamental change in circumstances such that applicant no longer has a…