Guoping Zhang v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Guoping Zhang, a native and citizen of the People’s Republic of China, petitions for review of a decision by the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s (IJ) denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). This petition is denied.

Petitioner did not raise arguments before the BIA regarding the IJ’s findings on withholding of removal or protection under the CAT. Therefore, Petitioner did not exhaust his administrative remedies in regard to those claims, and we lack jurisdiction to review them. 8 U.S.C. § 1252 (d). See also Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004).

We do have jurisdiction under 8 U.S.C. § 1252 (a)(1) to review the denial of asylum. We review BIA decisions on eligibility for asylum under the substantial evidence standard. Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998). Under this standard, “a petitioner contending that the Board’s findings are erroneous must establish that the evidence not only supports that conclusion, but compels it.” Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995).

The applicant for asylum bears the burden of establishing that he is…