Bao Huo v. Loretta E. Lynch

MEMORANDUM

Petitioner Bao Qun Huo (“Petitioner”), native and citizen of the People’s Republic of China, seeks review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the Immigration Judge’s (“LJ”) denial of his application for asylum, withholding of removal, and protection under the UN Convention Against Torture (“CAT”). This court has jurisdiction under 8 U.S.C. § 1252 (a). See Khan v. Holder, 584 F.3d 773, 779-80 (9th Cir.2009). We review questions of law de novo and findings of fact for substantial evidence. Haile v. Holder, 658 F.3d 1122, 1125 (9th Cir.2011). Findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary. 8 U.S.C. § 1252 (b)(4)(B); INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

The BIA’s finding that Petitioner failed to establish persecution or a well-founded fear of persecution is supported by substantial evidence. See Elias-Zacarias, 502 U.S. at 481 n. 1, 112 S.Ct. 812 . Petitioner argues the BIA erred in not considering Zhou v. Gonzales, 437 F.3d 860 (9th Cir.2006) in its decision. In that case and as here, the petitioner did not practice…