Rivera-Ayala

Rivera-Ayala v. Gonzales

Good Law
198 F. App'x 658
United States Court of Appeals for the Ninth CircuitAugust 24, 2006No. 05-72928California287 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel Antonio Rivera-Ayala, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“U”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to consider petitioner’s CAT claim because he failed to argue the claim in his brief to the BIA and therefore failed to exhaust the claim before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We therefore dismiss petitioner’s CAT claim.

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

Substantial evidence supports the IJ’s and BIA’s decision that petitioner failed to establish past persecution or a well-founded fear of future persecution based on an enumerated ground. Because petitioner testified that gang members threatened to kidnap him to extort money from his father, and there was no evidence that any mistreatment…

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