Fathelbab

Fathelbab v. Gonzales

Good Law
235 F. App'x 576
United States Court of Appeals for the Ninth CircuitAugust 20, 2007No. 05-72774California229 words

Opinion

Lead Opinion

*577 MEMORANDUM **

Abdelfattah Ragab Fathelbab, a native and citizen of Egypt, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the BIA’s determination that petitioner is statutorily ineligible for asylum based on the one-year time bar. See Ramadan v. Gonzales, 479 F.8d 646, 650 (9th Cir.2007) (per curiam).

We have jurisdiction under 8 U.S.C. § 1252 over petitioner’s remaining claims. We review for substantial evidence and may reverse only if the evidence compels a contrary conclusion. Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000). We deny the remaining claims.

Petitioner’s withholding of removal claim fails because he did not show that it was more likely than not that he would be subject to persecution on account of enumerated ground. See Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir.2001).

Petitioner also fails to establish a CAT claim because he did not show that it was more likely than not that he would be tortured if he was returned to Egypt. See Malhi v.…

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