Khan

MEMORANDUM **

Mezbahur Rahman Khan, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal and voluntary departure. Pursuant to 8 U.S.C. § 1252 , we have jurisdiction to review the denial of asylum and withholding of removal.

We conclude that substantial evidence supports the IJ’s determination that Khan failed to carry his burden of demonstrating either past persecution or a well founded fear of future persecution on account of his political activities on behalf of the Bangladesh National Party. See Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000) (“To prevail [on a petition for review], the applicant must show that the evidence not only supports, but compels the conclusion that the asylum decision was incorrect.”).

By failing to qualify for asylum, Khan necessarily fails to satisfy the more stringent standard for withholding of removal. See Alvarez-Santos v. INS, 332 F.3d 1245, 1255 (9th Cir.2003).

Khan also contends that the BIA violated his rights to due process by affirming the decision of the IJ without…