Lienxin Liu-Chung v. Gonzales

MEMORANDUM **

Lienxin Liu-Chung, a native of Vietnam and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s denial of her application for asylum, withholding of removal, and for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and may reverse only if the evidence compels such a result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Substantial evidence supports the BIA’s decision that petitioner failed to show past persecution or a well-founded fear of future persecution. Because petitioner was never arrested, detained, threatened, or harmed based on her Falun Gong practice, and there was no evidence that the government was aware that she was a Falun Gong practitioner, petitioner fails to establish an asylum claim. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003); see also Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000).

Because petitioner failed to establish eligibility for asylum, it follows that she failed to establish eligibility for…