Nicolas Orellana-Beltranena v. Eric Holder, Jr.

MEMORANDUM

Saiyasi Lovolevu, a native and citizen of Fiji, 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 review Lovole-vu’s contention that he is at risk of harm in Fiji based on applying for asylum in the United States because he failed to raise this claim to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Substantial evidence supports the agency’s determination that Lovolevu failed to establish past persecution because his mistreatment by the military did not rise to the level of persecution.. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006) (evidence did not compel a contrary result). Substantial evidence also supports the agency’s finding that Lovolevu did not establish an objectively…