Melo-Giraldo

Melo-Giraldo v. Ashcroft

Good Law
106 F. App'x 607
United States Court of Appeals for the Ninth CircuitAugust 13, 2004No. 02-73632, A76-704-964California370 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Bernardo Melo-Giraldo, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 , and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s finding that no extraordinary or changed circumstances excused Melo-Giraldo’s untimely asylum application. See 8 U.S.C. § 1158 (a)(3); Molino-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). Accordingly, we dismiss the petition for review of his asylum application.

Melo-Giraldo contends that the IJ erred by denying his application for withholding of removal. We conclude that, even assuming Melo-Giraldo’s testimony was credible, substantial evidence supports the IJ’s conclusion that Melo-Giraldo’s encounters with guerillas were not on account of political opinion, affirmative or imputed, or membership in a particular social group. See Pedro-Mateo v. INS, 224 F.3d 1147, 1150-51 (9th Cir.2000); Sangha v. INS, 103 F.3d…

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