Zhi Qiang Wu v. Holder

MEMORANDUM *

Wu, a former witness for the United States Government in a criminal alien smuggling case, petitions for review of an adverse decision of the Board of Immigration Appeals (“BIA”) denying relief under asylum and withholding of removal under the Immigration and Nationality Act, 8 U.S.C. §§ 1158 (a) and 1231(b)(3)(A). He *518 also seeks review from the BIA’s order denying relief under the Convention Against Torture (“CAT”). 8 C.F.R. §§ 1208.16 , 1208.18. The BIA based its decision entirely upon the oral opinion and order of an immigration judge (“IJ”). Because we conclude based on the whole record that the IJ’s determinations were based upon (1) correct applications of the law, and (2) substantial evidence, we deny the petition. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (upholding on review BIA’s dismissal of petitioner’s request for asylum and for withholding of deportation, because his evidence was not “so compelling that no reasonable factfinder could fail to find the requisite fear of persecution”).

First, the petitioner failed to establish that his problems were on account of a protected ground, or because he belonged to a…