Patalinghog

Patalinghog v. Ashcroft

Good Law
120 F. App'x 6
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-73665; Agency No. A72-676-896California408 words

Opinion

Lead Opinion

MEMORANDUM **

Romano C. Patalinghog, a native and citizen of the Philippines, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s factual findings and will reverse only if the evidence compels such a result. Ochave v. INS, 254 F.3d 859, 861-62 (9th Cir.2001). We deny the petition for review in part, and vacate and remand in part.

The IJ denied asylum on two independent grounds: 1) Patalinghog was *8 barred under 8 U.S.C. § 1158 (b)(2)(A) from obtaining asylum relief due to his former membership in the New People’s Army, and 2) Patalinghog failed to establish he was eligible for asylum. We lack jurisdiction under 8 U.S.C. § 1158 (b)(2)(D) to review the IJ’s determination that Patalinghog is barred from asylum, see Bellout v. Ashcroft, 363 F.3d 975, 977 (9th Cir.2004), and retain jurisdiction to review the determination that he is ineligible for asylum, see 8 U.S.C. § 1252 . Because the BIA…

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