Figer

Figer v. Gonzales

Good Law
226 F. App'x 681
United States Court of Appeals for the Ninth CircuitMarch 16, 2007No. 05-76448California361 words

Opinion

Lead Opinion

MEMORANDUM **

Leticia Malatag Figer, a native and citizen of the Philippines, petitions for review of the order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We dismiss for lack of jurisdiction Figer’s claim that she is eligible for asylum on humanitarian grounds, because she did not exhaust this claim before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

We have jurisdiction under 8 U.S.C. § 1252 over the remaining claims. We review for substantial evidence, and may reverse only if the evidence compels a contrary conclusion. See INS v. Elias *683 Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Because the problems that Figer experienced with her son did not rise to the level of persecution, see Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003), and because Figer failed to establish a nexus to a protected ground, see Sangha v. INS, 103 F.3d 1482, 1488-91 (9th Cir. 1997), substantial evidence supports the BIA’s finding that Figer did not suffer…

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