Dmitry Sochilo v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Dmitry Sochilo, a native of the former Soviet Union and citizen of Russia, 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 Sochilo’s contentions regarding alleged factual errors by the IJ, because he did not raise these contentions before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (court lacks jurisdiction to consider issues that have not been administratively exhausted).
Substantial evidence supports the agency’s determination that the harm Sochilo experienced did not rise to the level of past persecution, and that he does not have an objectively reasonable fear of future persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). Thus, Sochilo’s asylum claim fails. See id. at 340 .