Bali

Bali v. Gonzales

Good Law
173 F. App'x 606
United States Court of Appeals for the Ninth CircuitMarch 15, 2006No. 04-73611California268 words

Opinion

Lead Opinion

MEMORANDUM **

Devki Nandan Bali, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s denial of his applications for asylum, withholding of removal, and for relief under the Convention Against Torture (“CAT”). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s determination that petitioner is statutorily ineligible for asylum based on the one-year time bar. See Ramadan v. Gonzales, 427 F.3d 1218, 1221-22 (9th Cir.2005).

We have jurisdiction under 8 U.S.C. § 1252 to review his remaining claims. We review for substantial evidence and may reverse only if the evidence compels such a result. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Substantial evidence supports the BIA’s conclusion that petitioner failed to estab *607 lish a withholding of removal claim because he failed to show that any mistreatment that he experienced was based on an enumerated ground. See id. at 483-84 , 112 S.Ct. 812 . Accordingly, we deny petitioner’s withholding of removal claim.

Substantial evidence also supports the BIA’s…

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