De Dios v. Holder

John Zachary Ouano De Dios, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and de novo claims of due process violations in immigration proceedings, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review De Dios’ contentions that he suffered past persecution and that his due process rights were violated by the IJ’s vague and disorganized decision, because he failed to exhaust these issues before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004); Vargas v. U.S. Dept. of Immigration and Naturalization, 831 F.2d 906, 908 (9th Cir.1987).

Substantial evidence supports the agency’s finding that, even if his asylum application was timely and credible, De Dios failed to…