Akinshilo

Akinshilo v. Holder

Good Law
367 F. App'x 756
United States Court of Appeals for the Ninth CircuitFebruary 23, 201006-75348California431 words

Opinion

Opinion

MEMORANDUM

Folajimi Ibikinle Akinshilo, a native and citizen of Nigeria, petitions 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, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Nah rvani v. Gonzales, 399 F.3d 1148, 1151 (9th Cir.2005), and we deny the petition for review.

We do not address Akinshilo’s challenges to findings set forth by the IJ but not adopted by the BIA. See Brezilien v. Holder, 569 F.3d 403, 411 (9th Cir.2009) (where the BIA conducts its own review of the evidence and law rather than adopting the IJ’s decision, our review is limited to the BIA’s decision, except to the extent that the IJ’s opinion is expressly adopted).

We reject the government’s argument that we lack jurisdiction because Akinshilo was found to be removable based upon his prior criminal conviction. See Bromfield v. Mukasey, 543 F.3d 1071 , 1075 n. 4 (9th Cir.2008) (jurisdiction exists where the agency has denied relief on the merits, notwithstanding…

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