Dong Yu v. Eric Holder, Jr.

MEMORANDUM

Dong Yu, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the new standards governing adverse credibility determinations created by the Real ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

Even if credible, substantial evidence supports the BIA’s conclusion that Yu failed to establish the harm he suffered or will suffer if he returns to China was or would be on account of his political opinion. See Kozulin v. INS, 218 F.3d 1112, 1115-17 (9th Cir.2000) (evidence did not compel conclusion that beating of Russian anticommunist, shortly after he reported misconduct of his ship captain, was on account of political opinion). Accordingly, in the absence of a nexus, his asylum and withholding of removal claims fail. See Ochoa v. Gonzales,…