Jose Alvarez v. Eric Holder, Jr.

MEMORANDUM

Jose De Jesus R. Alvarez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of asylum as a discretionary matter, Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004), and review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

The BIA correctly determined that it did not have jurisdiction to review Alvarez’s challenge to his bond proceedings. See 8 C.F.R. § 1003.19 (d); Matter of P-C-M-, 20 I. & N. Dec. 432 , 1991 WL 353532 (BIA 1991).

The agency did not abuse its discretion in denying Alvarez asylum as a matter of discretion based on his criminal conviction for domestic violence. See Kalubi, 364 F.3d at 1140-41 .

Substantial evidence supports the agen-' cy’s findings that Alvarez does not qualify for withholding where he failed to establish…