Thant Min v. Eric H. Holder Jr.

MEMORANDUM

Thant Chit Min, a native and citizen of Myanmar (formerly known as Burma), petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gu v. Gonzales, 454 F.3d 1014, 1018-19 (9th Cir. 2006), and we deny the petition for review.

The record does not compel the conclusion that Min suffered past persecution based on being detained once, hit five times, and told to cease his activities. See id. at 1020-21 (petitioner did not establish past persecution where the petitioner was arrested and detained for three days, interrogated, and struck with a rod ten times). Further, the record does not compel the conclusion that Min demonstrated a well-founded fear of future persecution in Burma. See id. at 1021-22 . Accordingly, Min’s asylum claim fails.

Because Min failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453…