Enrique Antonio GALO-GARCIA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent

Enrique Antonio Galo-Garcia, a native and citizen of Nicaragua, petitions for review of the dismissal by the Board of Immigration Appeals for lack of jurisdiction of his appeal from the denial of his application for safe haven and nonreturn under customary international law. We have jurisdiction, 8 U.S.C. § 1105a(a), and we deny the petition for review.

I

Galo entered the United States without inspection on July 3,1985. In response to an Order to Show Cause, Galo obtained counsel and filed an application for asylum (and, by extension, for withholding of deportation). At his hearing, however, Gab announced his intention to withdraw his application for asylum and withholding. The Immigration Judge repeatedly cautioned Gab that if he withdrew his application, the IJ would almost certainly decline to reopen his claim in the future. Galo responded that he understood, and reiterated his desire to withdraw the application for asylum and withholding. Instead, Galo explained, he wished to request safe haven and nonreturn, relying on customary international law. The IJ dismissed Gab’s claims for lack of jurisdiction, and the BIA affirmed.

II

Gab contends that the BIA had jurisdiction…