Kaliti Dia v. Eric Holder, Jr.

MEMORANDUM

Kaliti Dia, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“U”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny in part and dismiss in part the petition for review.

Dia does not challenge the agency’s dis-positive determination that her application for asylum was time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996). Accordingly, Dia’s asylum claim fails.

Dia presented evidence that unknown people threw rocks at her family’s house when she was not there and she was inconvenienced by civil unrest. Substantial evidence supports the agency’s determination that Dia failed to establish she suffered past persecution. See Singh v. INS, 134 F.3d 962, 967-69 (9th Cir.1998). We lack jurisdiction to consider Dia’s argument that the agency should have considered her eligibility for asylum on the basis of…