Shu Zhu Huang v. Gonzales

MEMORANDUM **

In denying Huang’s applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”), the Immigration Judge (“IJ”) concluded that, even if she were to deem *821 Huang credible, he failed to establish eligibility for relief. As a consequence of this alternate holding, we need not address Huang’s challenge to the issues surrounding credibility. Because substantial evidence supports the IJ’s conclusion that, even if credible, Huang failed to establish eligibility for asylum, withholding of removal, and protection under the CAT, we deny Huang’s petition for review.

An individual is entitled to asylum if he has a “well-founded fear of persecution.” 8 U.S.C. §§ 1158 (b)(1), 1101(a)(42)(A). Because Huang did not allege any facts demonstrating that he had suffered past persecution, Huang bore the burden to prove that he had a well-founded fear of persecution. Acewicz v. INS, 984 F.2d 1056, 1061-62 (9th Cir.1993). Persecution is “an extreme concept,” Li v. Ashcroft, 356 F.3d 1153, 1158 (9th Cir.2004) (internal quotation marks and citation omitted), and a well-founded fear of persecution must be both subjectively genuine and…