Nivongso

MEMORANDUM **

Khanh Nivongso and his wife Pinkeo Pheungpasomxay, both natives and citizens of Laos, petition pro se for review of a Board of Immigration Appeals’ (“BIA”) opinion dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal, and the BIA’s denial of his motion to remand under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000) (“[T]he Id’s determination that an alien is not eligible for asylum must be upheld if supported by reasonable, substantial, and probative evidence in the record.”).

Nivongso contends that he fears persecution based on political opinion as a result of his desertion from the Laotian military. He did not, however, establish that a “disproportionately severe punishment [for desertion] would result on account of one of the five [protected] grounds.” Abedini v. U.S. INS, 971 F.2d 188, 191 (9th Cir.1992). The record contains substantial evidence that Nivongso’s desertion was unrelated to politics. See *625 Sangha v. INS, 103 F.3d 1482, 1487-88 (9th Cir.1997) (“[A]n…