Hubahib

Hubahib v. Gonzales

Good Law
233 F. App'x 631
United States Court of Appeals for the Ninth CircuitMay 9, 2007No. 04-71000California1,003 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Francisco Hubahib, citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 and we deny in part and dismiss in part.

Hubahib was convicted in state court of two misdemeanors involving possession of a firearm. 1 The immigration judge (“IJ”) found Hubahib to be removable, and Hubahib requested asylum or withholding of removal — both of which the IJ denied. Hubahib appealed to the BIA which affirmed in all respects.

We review the BIA’s factual findings for substantial evidence. Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995). Questions of law are reviewed de novo. Lin v. Ashcroft, 377 F.3d 1014, 1023 (9th Cir.2004). ‘We will uphold the BIA’s finding that an applicant is ineligible for asylum if it is supported by reasonable, substantial, and probative evidence.” Del Carmen Molina v. INS, 170 F.3d 1247, 1249 (9th Cir.1999) (internal citation omitted).

We decline to consider Hubahib’s challenges to the determination that he was removable because his appeal to the BIA did not challenge the finding of removability. “Failure to…

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