Diamengie

Diamengie v. Ashcroft

Good Law
111 F. App'x 508
United States Court of Appeals for the Ninth CircuitOctober 20, 2004No. 03-71286; Agency No. A75-316-744California309 words

Opinion

Lead Opinion

MEMORANDUM *

Elhadji B. Diamengie, a native and citizen of Mauritania, petitions for review of the Board of Immigration Appeals’ denial of his application for asylum and withholding of removal. We dismiss the petition.

Diamengie asserts that the Immigration Judge’s credibility determination and concomitant decision that Diamengie had not shown past persecution were in error. But the IJ also determined that country *509 conditions had changed to such an extent that Diamengie did not have a well-founded fear of future persecution. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 997 (9th Cir.2003). Diamengie did not question the latter determination when he was before the BIA. Thus, we lack jurisdiction to consider it. See Rodas-Mendoza v. INS, 246 F.3d 1237, 1240 (9th Cir.2001) (per curiam) (contest of asylum denial, but failure to raise severity-of-persecution factor at BIA waived it); see also Ochave v. INS, 254 F.3d 859, 867 , 867 n. 3 (9th Cir.2001) (contest of asylum denial, but failure to raise evidentiary issue and social group issue at BIA; lack of jurisdiction). That is fatal to his appeal. In any event, even if we somehow deemed the issue to have been sufficiently…

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