Jinping Zhuang v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JINPING ZHUANG,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 12-74156
Agency No. A089-781-843
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2018**
Honolulu, Hawaii
Before: O’SCANNLAIN, CLIFTON, and IKUTA, Circuit Judges.
Jinping Zhuang seeks review of the Board of Immigration Appeals’ (BIA)
decision to dismiss Zhuang’s appeal of the Immigration Judge’s (IJ) denial of
FILED
FEB 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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asylum and withholding of removal. The facts are known to the parties and will not
be repeated here unless necessary.
I
The IJ found Zhuang not credible, and denied relief on such basis. The BIA
assumed credibility and denied relief because Zhuang could not demonstrate harm
rising to the level of persecution. As such, our review “is limited to the BIA’s
decision, except to the extent the IJ’s opinion is expressly adopted.” Hosseini v.
Gonzales, 471 F.3d 953, 957 (9th Cir. 2006) (quoting Cordon–Garcia v. INS, 204
F.3d 985, 990 (9th Cir. 2000)). We review the BIA’s decision for substantial
evidence. Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir. 2004).
II
Zhuang argues that he is eligible for asylum because he “has been persecuted
for . . . resistance to a coercive population control program.” 8 U.S.C. §
1101(a)(42).
Even were Zhuang’s actions sufficient to constitute “resistance,” they do not
“rise to the level of persecution.” Nai Yuan Jiang v. Holder, 611 F.3d 1086, 1095
(9th Cir. 2010). Zhuang testified that he paid a bribe to Chinese authorities in order
to prevent his wife from being inserted with an intrauterine device. He also
testified that he sustained an injury to his knee when authorities pushed him into a
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ditch as his wife was taken for a forced abortion. Zhuang acknowledged that he did
not seek medical attention for the injury, and that it does not currently impair his
walking.
Zhuang must present proof, of which his spouse’s forced abortion and
sterilization may be a part, of persecution on account of his engaging in “other
resistance” to a coercive population control program. We have recognized that, in
addition to his wife’s treatment, Zhuang “must show substantial evidence of
further persecution in support of his claims.” Ming Xin He v. Holder, 749 F.3d 792,
796 (9th Cir. 2014). And persecution is an “extreme concept.” Id. (quoting
Donchev v. Mukasey, 553 F.3d 1206, 1213 (9th Cir. 2009)).
The only evidence Zhuang provided of further persecution was his knee
injury, which required no medical attention. See Prasad v. INS, 47 F.3d 336, 339
(9th Cir. 1995) (finding lack of persecution in part because injury “did not require
medical treatment”). Under the “totality of the circumstances,” the conclusion that
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Zhuang was persecuted is not “compelled.” Nai Yuan Jiang, 611 F.3d at 1095
(quoting Guo v. Ashcroft, 361 F.3d 1194, 1203 (9th Cir. 2004)).1
III
The petition for review is DENIED.
1 Because Zhuang cannot establish that he is entitled to asylum, he also
cannot satisfy the higher standard required for withholding of removal. See Farah
v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Furthermore, because Zhuang has
not demonstrated past persecution, the claim that he is entitled to a presumption of
a well-founded fear of future persecution must necessarily fail as well. See Ming
Xin He, 749 F.3d at 796 (9th Cir. 2014) (dismissing claim for a well-founded fear
of future persecution because it was not “independent of any claim of past
persecution”).
4

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