Chang Nan v. Eric H. Holder Jr, No. 08-70863 (9th Cir. 2011)

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FILED APR 12 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CHANG JI NAN, a.k.a. Matsuo Kihara, Petitioner, No. 08-70863 Agency No. A098-741-220 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. Chang Ji Nan, a native and citizen of China, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s ( IJ ) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture ( CAT ). * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency s factual findings, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008), and we deny in part and dismiss in part the petition for review. Substantial evidence supports the BIA s finding that Nan failed to establish that a protected ground would be one central reason for the harm he fears by loan sharks or the police with whom the loan sharks purportedly have a close connection. See INS v. Elias-Zacarias, 502 U.S. 478, 481 n.1 (1992) (to reverse the agency s finding we must find that the evidence not only supports that conclusion, but compels it ) (emphasis in original)); see also Parussimova v. Mukasey, 555 F.3d 734, 740-41 (9th Cir. 2009) ( [t]he Real ID Act requires that a protected ground represent one central reason for an asylum applicant s persecution ). Accordingly, Nan s asylum and withholding of removal claims fail. See Ochoa v. Gonzales, 406 F.3d 1166, 1172 (9th Cir. 2005). We lack jurisdiction to review any challenge to the IJ s denial of CAT relief because Nan failed to exhaust that claim before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004); Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir. 2009) (en banc) (per curiam) (only issues raised and argued in a petitioner s brief before the BIA will be deemed exhausted when a brief is filed). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 08-70863

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