Rivera

MEMORANDUM **

Miguel Angel Rivera, a native and citizen of El Salvador, seeks review of a decision in which the Board of Immigration Appeals (“BIA”) reversed an immigration judge’s (“IJ”) order granting Rivera’s application for asylum. We deny the petition.

I

Rivera contends that the BIA violated his due process rights by ruling on the merits of his asylum claim — an issue that the Immigration and Naturalization Service (“INS”) concluded it need not address on appeal and that Rivera claims he did not have the opportunity to brief. We disagree with Rivera’s characterization of the record because he did brief the merits of his asylum claim.

In its notice of appeal, the INS challenged the IJ’s conclusion that Rivera was entitled to asylum. As stated in the notice, the basis for the appeal was that: (1) there was a material inconsistency between Rivera’s testimony and his asylum application; (2) Rivera had failed to show that he had been persecuted in the past; (3) Rivera had failed to show that any danger he might face was “nationwide”; and (4) Rivera had failed to show a nexus between any alleged recruitment efforts and any protected ground.

Ultimately, the INS did not brief…