Posada

Posada v. Gonzales

Good Law
175 F. App'x 870
United States Court of Appeals for the Ninth CircuitApril 10, 2006No. 04-71009California332 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Alberto Medina Posada, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal, and request for relief *871 under the Convention Against Torture (“CAT”).

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

We have jurisdiction over Medina Posada’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 petition.

Substantial evidence supports the IJ’s conclusion that Medina Posada is ineligible for withholding of removal because he did not establish that it is more likely than not that he will be persecuted on account of a protected ground. INS v. Elias-Zacarias, 502 U.S. 478, 481-82 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Medina Posada also failed to establish a CAT claim because he did…

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