NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 20-3051 _____________ HUA ZHENG; XUEFENG JIN, Petitioners v. ATTORNEY GENERAL UNITED STATES OF AMERICA _______________________ On Petition for Review of a Decision of the Board of Immigration Appeals BIA No. A205-183-109 & A205-183-110 (U.S. Immigration Judge: Amit Chugh) Submitted Pursuant to Third Circuit L.A.R. 34.1(a) April 20, 2021 (Filed: April 30, 2021) Before: AMBRO, RESTREPO and RENDELL, Circuit Judges. O P I N I O N* * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. RENDELL, Circuit Judge. Petitioners Hua Zheng and her husband, Xuefeng Jin, 1 seek review of the Board of Immigration Appeals’ (BIA) decision to affirm the denial of their applications for asylum and withholding of removal under the Immigration and Nationality Act (INA), 8 U.S.C. § 1101 et seq., and protection under the Convention Against Torture (CAT), 8 C.F.R. §§ 1208.16(c), 1208.18. Zheng, a citizen of the People’s Republic of China, claimed she was persecuted for her Christian beliefs while in China and feared future persecution if removed. In denying her application, the Immigration Judge (IJ) found Zheng’s alleged mistreatment did not constitute past persecution under the INA and, therefore, Zheng failed to meet her burden of showing her eligibility for asylum. Zheng appealed and the BIA affirmed. Zheng filed this timely petition for review. We will deny the petition. I. In late 2011, Zheng and Jin were admitted to the United States on visitor visas. They overstayed their visas. In 2013, the Department of Homeland Security charged them with removability. Zheng conceded her removability, but filed an application for asylum, withholding of removal, and protection under CAT. 1 Jin claims no independent basis for asylum relief. Instead, he seeks relief as a “derivative beneficiary” or “rider applicant” based on Zheng’s application under 8 U.S.C. § 1158. Section 1158 provides that “[a] spouse . . . of an alien who is granted asylum . . . may, if not otherwise eligible for asylum . . . , be granted the same status as the alien if accompanying, or following to join, such alien.” 8 U.S.C. § 1158. For ease of analysis, we address both Zheng’s and Jin’s petitions for review collectively and refer to the petitions in the singular because the success of Jin’s application depends upon the success of Zheng’s and because both cases were handled in a consolidated hearing and appeal. 2 According to Zheng, she came to the United States to escape religious persecution in China based on her Christian beliefs. In 2010, Zheng began practicing Christianity and joined a church. In June of 2011, six police officers raided the church, arrested Zheng and five fellow congregants, and charged them with holding and conspiring to hold illegal, anti-government gatherings and activities. She was detained at a local police station for three days. During her detention, a female officer attempted to coerce a confession from Zheng by beating her. …
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