Xiangshan Yuan v. Gonzales

MEMORANDUM **

Xiangshan Yuan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which affirmed the Immigration Judge’s (“U”) order denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA made an independent determination of whether relief is appropriate, this Court reviews the decision of the BIA. See Molino-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001). We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny this petition for review.

Even assuming that Yuan testified credibly, we conclude that substantial evidence supports the BIA’s conclusion that Yuan failed to establish that he suffered harm on account of a protected ground. See Dinu v. Ashcroft, 372 F.3d 1041, 1044-45 (9th Cir.2004); see also Sangha v. INS, 103 F.3d 1482, 1491 (9th Cir.1997) (concluding that petitioner failed to show that he faced problems on account of his political opinion).

*900 The court will not consider the contentions that Yuan makes based on “new and drastic…