Nijem

Nijem v. Ashcroft

Good Law
101 F. App'x 238
United States Court of Appeals for the Ninth CircuitJune 15, 2004No. 02-56200California844 words

Opinion

Lead Opinion

MEMORANDUM *

Kamal Saeed Nijem appeals the district court’s denial of his 28 U.S.C. § 2241 habeas petition. Nijem’s previous petition to this court, requesting review of the Board of Immigration Appeals’ (“BIA”) rejection of his Convention Against Torture claim, was dismissed on the merits. Under Singh v. Ashcroft, we have jurisdiction to hear this habeas appeal. 1 We review the district court’s denial of habeas corpus de novo.

We need not decide whether res judicata applies in this particular case because Nijem has not made a cognizable claim for habeas relief.

Nijem requests an analysis of the country conditions in Jordan and a determination that he is eligible for Convention Against Torture relief. 3 Our review is of

*240 the BIA decision, not the immigration judge’s (“IJ”) decision, so the IJ’s yiew is immaterial to our analysis. Moreover, our review is constrained by the substantial evidence standard. Because the BIA reviewed the record de novo, we review for substantial evidence the “[fjactual findings underlying the BIA’s determination that [Nijem] was not eligible for relief’ under the Convention Against Torture. 4 “[T]he BIA’s findings must be affirmed if ‘supported…

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