Estrada-Rosales

Estrada-Rosales v. Mukasey

Good Law
478 F. App'x 418
United States Court of Appeals for the Ninth CircuitJuly 10, 201207-75038California339 words

Opinion

Opinion

MEMORANDUM

Claudia Estrada-Rosales, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her 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 de novo questions of law and for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Estrada-Rosales’s due process and ineffective assistance of counsel claims because she failed to raise these claims before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Substantial evidence supports the agency’s determination that Estrada-Rosales failed to establish her eligibility for asylum. See Wakkary, 558 F.3d at 1060 (no past persecution where harm to others was not part of “a pattern of persecution closely tied to” petitioner); Ochave v. INS, 254 F.3d 859, 865 (9th Cir.2001) (“Asylum generally is not available to victims of civil strife, unless they…

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