Mbaye

MEMORANDUM ***

Moubaye Mohamed Mbaye, a native and citizen of Mali, petitions for review of a Board of Immigration Appeals (“BIA”) decision denying him relief under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention”), as implemented by Pub.L. No. 105-277, § 2242 , 112 Stat. 2681 , 2681-821, see 8 C.F.R. 208.17 (2003), and affirming an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

Substantial evidence supports the IJ’s determination that Mbaye failed to meet his burden of showing that his family’s treatment in Mali constituted persecution on account of political opinion rather than lawful prosecution for his father’s participation in a coup. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (IJ’s determination must be upheld if “supported by reasonable, substantial, and probative evidence on the record considered as a whole”); Chanco v. INS, 82 F.3d 298, 302 (9th Cir. 1996) (“Prosecution for participation in a coup does not constitute…