Jian Yuan Yuan v. Gonzales

MEMORANDUM **

Jian Yuan Yuan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review factual findings for substantial evidence, see Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003), and we deny the petition for review.

Yuan contends that the IJ erred by excluding certain evidence for lack of authentication. Whether or not exclusion was proper, the IJ found Yuan’s testimony credible and the excluded evidence covered matters within the scope of his testimony, so Yuan cannot show prejudice. See Khan v. INS, 237 F.3d 1143, 1144 (9th Cir.2001).

Yuan did not claim he had ever been personally arrested, beaten, or harassed by the Chinese government on account of his Christian faith and the record does not compel the conclusion that Yuan suffered past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir.2004) (no past persecution where alien was never physically harmed on account of…