Ming Li v. Eric Holder, Jr.

MEMORANDUM

Ming Li, 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 (“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 and review de novo legal findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

The BIA assumed that Li was credible and expressly declined to address the IJ’s adverse credibility finding. Because our review is limited by the scope of the BIA’s order, we deny the petition for review as to this issue. See Kyung Park v. Holder, 572 F.3d 619, 622 (9th Cir.2009).

Li contends he qualifies for asylum on account of China’s One-Child policy because “he has been both harmed, and threatened with harm” and could be forcibly sterilized if returned to China. Substantial evidence supports the BIA’s finding that his single arrest and beating do not rise to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1020-21 (9th Cir.2006). Substantial…