Wen Hu Zheng v. Mukasey

MEMORANDUM ***

Wen Hu Zheng, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (BIA) denial of his application for asylum, withholding of deportation, and protection under the Convention Against Torture. 1 We deny the petition.

We have jurisdiction under 8 U.S.C. § 1252 . The BIA’s determination that an alien is not eligible for asylum must be upheld if “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812, 815 , 117 L.Ed.2d 38 (1992). “It can be reversed only if the evidence presented ... was such that a reasonable factfinder would have to conclude that the requisite fear of persecution existed.” Id. When an alien seeks to overturn denial of relief, “he must show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Id. at 483-84 , 112 S.Ct. at 817 ; see also Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995).

Putting the IJ’s adverse credibility determination aside, 2 Zheng nonetheless fails to establish that he suffered past…