Jianlin Zhang v. Gonzales

MEMORANDUM **

Jianlin Zhang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision that affirmed the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Aruta v. INS, 80 F.3d 1389, 1393 (9th Cir.1996), and we deny the petition in part and dismiss in part.

Assuming credibility, substantial evidence supports the IJ’s finding that Zhang failed to establish that he was persecuted on account of a protected ground because he failed to show that he was held responsible for the oil spill because of his anti-Communist views. See Kozulin v. INS, 218 F.3d 1112, 1116 (9th Cir.2000). In addition, substantial evidence supports *636 the IJ’s finding that Zhang failed to establish that he possessed a well-founded fear of persecution on account of a protected ground because “[pjersons avoiding lawful prosecution for common crimes are not ordinarily deemed refugees.” Chanco v. INS, 82 F.3d 298, 301 (9th Cir.1996) (citing Abedini v. INS, 971 F.2d 188, 191 (9th…