Tacuban

Tacuban v. Mukasey

Good Law
309 F. App'x 135
United States Court of Appeals for the Ninth CircuitJanuary 20, 2009No. 04-75120California266 words

Opinion

Lead Opinion

MEMORANDUM **

Shirley M. Tacuban, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Nahrvani v. Gonzales, 399 F.3d 1148, 1151 (9th Cir.2005), we deny in part and dismiss in part the petition for review.

Tacuban does not contend that she suffered past persecution. Substantial evidence supports the IJ’s finding that Tacuban failed to establish that her fear of future persecution was on account of a protected ground, see INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and that her fear of future persecution was too speculative, see Nahrvani, 399 F.3d at 1154 . Therefore, her asylum claim fails.

In her opening brief, Tacuban fails to address the IJ’s determination that she is ineligible for withholding of removal or CAT. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996).

We lack jurisdiction to review the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.