Ousman Baldeh v. Eric H. Holder Jr.
Opinion
Opinion
MEMORANDUM
Ousman Baldeh, a native and citizen of the Gambia, petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).
1. Baldeh’s petition for review of his asylum claim is denied. The asylum application was untimely and the IJ’s determination that no changed circumstances existed to excuse the delay was supported by substantial evidence. See Dhital v. Mukasey, 532 F.3d 1044, 1050 (9th Cir.2008).
2. Baldeh’s petition for review of his withholding of removal claim is also denied. Substantial evidence supports the IJ’s determination that Baldeh failed to establish an objectively reasonable fear of future persecution, thereby falling short of the required showing of a “clear probability” of persecution. Canales-Vargas v. Gonzales, 441 F.3d 739, 746 (9th Cir.2006).
3.Baldeh’s petition for review of his claim under the CAT is dismissed because he failed to exhaust his administrative remedy by raising this issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).