ZHUANG v. BARR (2020)

MEMORANDUM **

Yanfang Zhuang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge's decision denying her applications for asylum, withholding of removal, and relief 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

Zhuang does not challenge the agency's determination that she failed to establish past harm that rises to the level of persecution. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party's opening brief are waived). Substantial evidence supports the agency's determination that Zhuang did not establish a well-founded fear of future persecution. See Gu v. Gonzales, 454 F.3d 1014, 1022 (9th Cir. 2006) (petitioner failed to present “compelling, objective evidence demonstrating a well-founded fear of persecution”); see also Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future persecution “too speculative”). Thus, Zhuang's asylum claim fails.

Because Zhuang failed, for purposes of asylum, to establish a well-founded fear of future persecution, she necessarily fails to meet the more stringent standard required for withholding of removal. See Zehatye, 453 F.3d at 1190 (recognizing that the withholding of removal requirement to show a “clear probability” of persecution is “more stringent than the well-founded fear standard governing asylum.”).

Finally, substantial evidence also supports the agency's denial of CAT relief because Zhuang failed to show it is more likely than not she will be tortured by or with the consent or acquiescence of the government if returned to China. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.