Gjika

Gjika v. Gonzales

Good Law
167 F. App'x 603
United States Court of Appeals for the Ninth CircuitFebruary 16, 2006No. 03-74361California318 words

Opinion

Lead Opinion

*604 MEMORANDUM **

Llukan Gjika, a native and citizen of Albania, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from the Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the BIA’s factual determination that Gjika did not qualify for an exception to the one-year deadline for filing his asylum application. See Ramadan v. Gonzales, 427 F.3d 1218, 1221-22 (9th Cir.2005).

We have jurisdiction over Gjika’s remaining claims under 8 U.S.C. § 1252 . Reviewing for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), we deny the claims.

Substantial evidence supports the BIA’s denial of Gjika’s withholding of removal claim because he did not establish that it is more likely than not that he will be persecuted in Albania. See Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir.2001).

Because he did not present any evidence to establish that it is more likely than not that the Albanian government would torture him or demonstrate “willful blindness” to his torture by third parties, Gjika’s…

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