Weijian Song v. Gonzales

MEMORANDUM ***

Weijian Song, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We dismiss in part and deny in part.

We lack jurisdiction to review the BIA’s finding that respondent was ineligible for asylum because his application was not filed within a year of his last arrival to the United States and there was no evidence of extraordinary circumstances. See 8 U.S.C. § 1158 (a)(3); Molino-Estrada, v. INS, 293 F.3d 1089, 1093 (9th Cir.2002).

We have jurisdiction to review Song’s withholding of removal claim pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny that claim on the merits. Substantial evidence supports the IJ’s finding that Song failed to establish a clear probability of persecution on account of one of the five enumerated protected grounds. See Ghaly v. INS, 58 F.3d 1425, 1428-29 (9th Cir.1995). Song testified that he encountered problems with…