Marcelino Sanchez-Cruz v. Eric Holder, Jr.

MEMORANDUM

Jonathan Lugar Soriano, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). 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 Sori-ano’s contention that he is a member of a social group comprised of business owners targeted by terrorist organizations because he did not exhaust this claim before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (court lacks jurisdiction to review claims not raised to the agency).

Substantial evidence supports the BIA’s determination that Soriano failed to establish a nexus between past or future harm and a protected ground, including membership in a particular social group or an actual or imputed political opinion. See INS v. Elias-Zacarias, 502 U.S. 478, 483 ,…