Ramirez-Aldana

Ramirez-Aldana v. Ashcroft

Good Law
117 F. App'x 563
United States Court of Appeals for the Ninth CircuitDecember 10, 2004No. 03-73534; Agency No. A75-733-055California348 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Isabel Ramirez-Aldana is a native and citizen of Colombia. She petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the BIA’s finding that Ramirez-Aldana is ineligible for asylum because her application was not filed within a year of her last arrival to the United States. See 8 U.S.C. § 1158 (a)(3); Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002).

We have jurisdiction to review the remainder of the BIA’s decision pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and deny the petition for review. We conclude that substantial evidence supports the BIA’s conclusion that a guerrilla group’s extortion efforts did not constitute persecution on account of Ramirez-Aldana’s political opinion. See Elias-Zacarias, 502 U.S. at 483-84 , 112 S.Ct. 812 (holding *564 that petitioner is required to show that guerrillas persecuted him “because of’ his…

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