Matti

Matti v. Holder

Good Law
351 F. App'x 194
United States Court of Appeals for the Ninth CircuitNovember 2, 2009No. 05-74288California387 words

Opinion

Lead Opinion

MEMORANDUM **

Ban Michael Matti, a native and citizen of Iraq, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from 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 factual findings. Lopez v. Ashcroft, 366 F.3d 799, 802 (9th Cir.2004). We dismiss in part, deny in part, and grant in part the petition for review.

Matti does not raise any arguments in her opening brief regarding the agency’s denial of her CAT claim. See Martinez-Serrmo v. INS, 94 F.3d 1256,1259-60 (9th Cir.1996) (issues not supported by argument are deemed waived).

We lack jurisdiction over Matti’s due process and adjustment of status contentions because she failed to raise them to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Substantial evidence supports the IJ’s finding that Matti failed to establish she suffered harm that rose to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003).

In analyzing Matti’s well-founded…

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