Franco Sebastian Gaspar v. Eric Holder, Jr.

MEMORANDUM

Franco Fernando Sebastian Gaspar, a native and citizen of Guatemala, petitions pro se 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 and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Sebastian Gaspar’s contentions on appeal regarding the IJ’s partial adverse credibility finding, because he did not raise these arguments in his brief to the BIA. See Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir.2009) (en banc) (per curiam) (failure to raise an issue in the brief to the BIA, even if it was raised in the notice of appeal, means the claim was not exhausted and the court lacks jurisdiction to review).

Substantial evidence supports the BIA’s finding that Sebastian Gaspar has not shown past persecution or a well-founded fear of future persecution on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S.…