Mitev

MEMORANDUM ***

The parties are familiar with the facts of this case so we recount them only as necessary.

We deny the petition for review. Mitev did not meet his burden of showing that he was persecuted “on account of’ his status as a Gypsy or Roma in Bulgaria. Sangha v. INS, 103 F.3d 1482, 1486-87 (9th Cir.1997). To qualify as a “refugee” under the Immigration and Nationality Act, Mitev must prove that the persecution he endured was based upon race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1101 (a)(42)(A). Substantial evidence supports the BIA’s determination that Mitev did not establish a nexus between his harsh treatment in Bulgaria and his status as a Gypsy. Furthermore, Mitev’s admitted ability to safely relocate within Bulgaria makes him ineligible for asylum. Kaiser v. Ashcroft, 390 F.3d 653, 659 (9th Cir.2004). Because petitioner failed to establish eligibility for asylum, he necessarily failed to establish eligibility for withholding of removal. Acewicz v. INS, 984 F.2d 1056, 1062 (9th Cir.1993). Similarly, that petitioner could safely relocate within Bulgaria makes him ineligible for CAT relief. 8 C.F.R. § 208.16…