Xing Nien v. Holder

MEMORANDUM **

Xing Nien, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed under 8 U.S.C. § 1252 . We review for substantial evidence the *960 agency’s factual findings and review de novo its legal conclusions. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s finding that, even if credible, Nien failed to establish his receipt of a government summons and his encounter with the police constitute past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006) (brief detention, beating and interrogation by police did not compel a finding of past persecution by Chinese police). Substantial evidence also supports the agency’s finding that Nien failed to establish an objectively reasonable fear of future persecution on account of his religion. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003);…