Ajanel

Ajanel v. Ashcroft

Good Law
120 F. App'x 729
United States Court of Appeals for the Ninth CircuitFebruary 1, 2005Nos. 03-71101, 03-72957California1,449 words

Opinion

Lead Opinion

MEMORANDUM *

Alberto Ajanel Vicente appeals the Board of Immigration Appeals’ (“BIA”) order affirming the immigration judge’s (“IJ”) denial of Ajanel’s petition for asylum and withholding of removal. He also appeals the BIA’s denial of his motion to remand for adjustment of status, and its denial of his motion to reopen to apply for relief under the Convention Against Torture. We deny the petition.

JURISDICTION

We have jurisdiction to review the BIA’s decision affirming the IJ, and its decision to deny Ajanel’s motion to remand, pursuant to 8 U.S.C. § 1252 . We have jurisdiction to review the BIA’s denial of Ajanel’s motion to reopen to apply for relief under the Convention Against Torture pursuant to § 2242(d) of the Foreign Affairs Reform *731 and Restructuring Act of 1998 and 8 C.F.R. § 208.18 (e).

STANDARDS OF REVIEW

The IJ’s findings are reviewed for substantial evidence. Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999). The BIA’s denial of a motion to reopen or a motion to remand is reviewed for abuse of discretion. Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000).

DISCUSSION

I. Asylum and Withholding of Removal

The IJ found that “the respondent has not…

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