Lascelles Linton v. Eric Holder, Jr.

MEMORANDUM

Lascelles Linton, a native and citizen of Jamaica, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual determinations, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and review de novo claims of due process violations, Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We deny the petition for review.

Linton’s contention that the agency violated his due process rights by failing to fully consider and weigh the evidence in his case is unsupported by the record. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for petitioner to prevail on a due process claim).

The BIA found that Linton failed to establish that the police were unable or unwilling to protect him. The record does not compel a different conclusion, therefore his withholding of removal claim fails. Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005) (although police were…