Bamanbehrama

Bamanbehrama v. Gonzales

Good Law
191 F. App'x 574
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 05-71145California362 words

Opinion

Lead Opinion

MEMORANDUM **

Vira Dorabji Bamanbehrama, a native and citizen of India, petitions for review of *575 the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to review a denial of voluntary departure. See 8 U.S.C. § 1229 ; see also Garcia v. Ashcroft, 368 F.3d 1157, 1159 (9th Cir.2004) (order). Accordingly, we dismiss the petition with respect to this claim.

We have jurisdiction under 8 U.S.C. § 1252 over petitioner’s remaining claims. We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the claims.

Substantial evidence supports the IJ’s and BIA’s decision that petitioner failed to show that the government was unable or unwilling to control the Hindu fundamentalists who stoned her home. See Singh v. INS, 134 F.3d 962, 968 (9th Cir.1998). Because the police responded to petitioner’s request for help, came to her home and asked questions regarding the incidents, and later told her that they were looking into the matter, she fails to show…

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