Daoqiong Chen v. Eric H. Holder Jr.

MEMORANDUM

Daoqiong Chen, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application 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 factual findings. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Chen does not contest the IJ’s finding that he failed to establish past persecution. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed waived). Substantial evidence supports the IJ’s finding that Chen failed to establish a well-founded fear of future persecution because Chen did not demonstrate that, even if he were to be questioned by the police, he would suffer harm that rises to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1020-22 (9th Cir.2006). Accordingly, Chen’s asylum claim fails.

Because Chen failed to meet the lower burden of proof for asylum, it follows that he has not met the…