Fernandez-Leon

Fernandez-Leon v. Gonzales

Good Law
218 F. App'x 599
United States Court of Appeals for the Ninth CircuitJanuary 16, 2007No. 05-71657California313 words

Opinion

Lead Opinion

MEMORANDUM **

Fernando Fernandez-Leon, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals (“BIA”) decision affirming the ruling of an Immigration Judge (“IJ”) denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). 1 We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA adopts the decision of the IJ, this court reviews the IJ’s decision as if it were that of the BIA. See Hoque v. Ashcroft, 367 F.3d 1190, 1194 (9th Cir.2004). We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition.

Because Fernandez-Leon did not raise his CAT claim before the BIA, that claim is unexhausted, and this court does not have jurisdiction to consider it. See Morales-Alegria v. Gonzales, 449 F.3d 1051, 1059 (9th Cir.2006).

Similarly, this court does not have jurisdiction to consider Fernandez-Leon’s voluntary departure claim. See Oropeza-Wong v. Gonzales, 406 F.3d 1135, 1141 (9th Cir.2005).

The IJ’s denial of withholding of removal is supported by substantial evidence because Fernandez-Leon’s claim was based on the mere possibility that…

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