Bregaj

Bregaj v. Gonzales

Good Law
246 F. App'x 413
United States Court of Appeals for the Ninth CircuitAugust 20, 2007No. 04-75977California354 words

Opinion

Lead Opinion

MEMORANDUM **

Sali Bregaj, his wife, Mjaftime Bregaj, and their daughter, Nertila Bregaj, natives and citizens of Albania, petition for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and dismiss in part, and deny in part, the petition for review.

We lack jurisdiction over petitioners’ due process contention because they did not exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). If the due process claim was exhausted, however, petitioners still fail to show that any mistranslation affected the outcome of their case. See Cano-Merida v. INS, 311 F.3d 960, 965 (9th Cir.2002).

Substantial evidence supports the IJ’s decision that petitioners failed to establish past persecution or a well-founded fear of future persecution. Because petitioners were never arrested, detained, harmed, or threatened, and there is no evidence of…

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