Barrientos

Barrientos v. Holder

Good Law
333 F. App'x 252
United States Court of Appeals for the Ninth CircuitSeptember 28, 2009No. 05-71812California332 words

Opinion

Lead Opinion

MEMORANDUM **

Dionisio Lebrilla Barrientos, 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 his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000), and reviewing de novo the due process contentions, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001), we deny in part and dismiss in part the petition for review.

We lack jurisdiction to consider Barrien-tos’s contention that changed circumstances excused the untimeliness of his asylum application, as he did not raise that challenge to the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). *253 We therefore dismiss the petition as to the asylum claim.

The IJ’s determination that Barrientos failed to establish a clear probability of future persecution is supported by substantial evidence because Barrientos failed to establish a nexus to a protected ground. See Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997). We therefore deny the petition as to withholding of…

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