Ping Jin v. Eric H. Holder Jr.

MEMORANDUM

Ping Jin, a native and citizen of China, petitions 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 relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Substantial evidence supports the BIA’s finding that, even if credible, Jin did not establish past persecution because the detention and physical abuse Jin experienced in China did not rise to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006). In addition, substantial evidence supports the BIA’s finding that Jin’s fear of future persecution was not objectively reasonable. See id. at 1022 . Accordingly, Jin’s asylum claim fails.

Because Jin failed to meet his burden for asylum, it necessarily follows that he did not meet the more stringent standard for withholding of removal. See Zehatye, 453 F.3d at 1190 .

Finally, substantial evidence supports the BIA’s denial of CAT relief…