Jian Qin Chen v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JIAN QIN CHEN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-71182
Agency No. A098-452-282
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Jian Qin Chen, 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 application for asylum and withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence,
FILED
JUL 25 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-71182 2
Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), we deny the petition for
review.
Chen does not challenge the agency’s finding that she failed to demonstrate
past persecution, but she fears returning to China because of an affiliation with
Falun Gong. Substantial evidence supports the BIA’s finding that Chen lacks a
well-founded fear of future persecution. See INS v. Elias-Zacarias, 502 U.S. 478,
481 n.1 (1992) (“To reverse the BIA finding we must find that the evidence not
only supports that conclusion, but compels it . . . .”); see also Nagoulko v. INS, 333
F.3d 1012, 1018 (9th Cir. 2003) (possibility of future persecution too speculative).
Accordingly, Chen’s asylum claim fails.
Because Chen failed to meet the lower burden of proof for asylum, it follows
that she has not met the higher standard for withholding of removal. See Zehatye
v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.

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