Hernandez
Hernandez v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Jose Luciano Ordinola Hernandez and his son, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.
Ordinola’s contention that the BIA lacked authority to deny his asylum application on a different ground from that relied upon by the IJ lacks merit because the BIA has authority to review de novo “questions of law, discretion, and judgment and all other issues in appeals from decisions of immigration judges.” 8 C.F.R. § 1003.1 (d)(3)(h). In addition, the BIA provided the required reasoned analysis of the legal basis for its holding and specification of the particular facts on which it relied. See Stoyanov v. INS, 172 F.3d 731, 735-36 (9th Cir.1999) (court may affirm BIA’s decision on alternative ground when BIA adequately analyzes claim).