Thuy Thi Phuong Nguyen v. Holder

*62 MEMORANDUM ***

The facts of this case are known to the parties and we do not repeat them here, except as is necessary to explain our decision. Thuy Phi Phuong Nguyen petitions for review of the Board of Immigration Appeals’ (BIA) affirmance of an Immigration Judge’s (IJ) decision denying her application for asylum and withholding of removal. 1 We have jurisdiction under 28 U.S.C. § 1252 , and we deny the petition.

To establish asylum eligibility, Nguyen must demonstrate that she is a refugee. 8 U.S.C. § 1158 (b)(1). A refugee is an alien unable or unwilling to return to her country of origin “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.” 8 U.S.C. § 1101 (a)(42)(A). A demonstration of past persecution entitles an alien to a rebutta-ble presumption of a well-founded fear of future persecution. Smolniakova v. Gonzales, 422 F.3cl 1037, 1051 (9th Cir.2005). The alien must demonstrate that any such persecution was inflicted by “a government official or persons the government is unable or unwilling to control.” Ochoa v. Gonzales, 406 F.3d 1166, 1170 (9th…