Napoleon Hernandez Gallardo v. Loretta E. Lynch

MEMORANDUM

Napoleon Hernandez Gallardo, a native and citizen of El Salvador, 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 deny in part and dismiss in part the petition for review. _

Hernandez Gallardo claims he suffered past persecution and fears future persecution based on his father’s former political activities. We do not address Hernandez Gallardo’s claim that he is a member of a cognizable social group because he never presented it to 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 conclusion that, even if Hernandez Gallardo was credible, he failed to establish he suffered past persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003) (unfulfilled…