Odedo

Odedo v. Gonzales

Good Law
247 F. App'x 909
United States Court of Appeals for the Ninth CircuitSeptember 6, 2007No. 05-71004California277 words

Opinion

Lead Opinion

MEMORANDUM **

Oliver Odedo, a native and citizen of Nigeria, petitions pro se for review of the Board of Immigration Appeals’ order affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is under 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review. i

*911 The IJ determined that Odedo’s aggravated felony convictions rendered him statutorily ineligible for asylum, 8 U.S.C. § 1158 (b)(2)(B)(i), and Odedo did not challenge those convictions before the BIA. We therefore lack jurisdiction to consider whether he’s eligible for asylum. See Vargas v. INS, 831 F.2d 906, 907-08 (9th Cir.1987).

Substantial evidence supports the agency’s determination that Odedo failed to establish eligibility for withholding of removal or protection under CAT. Although there is evidence of religious violence in Nigeria, the record does not compel a reasonable fact finder to conclude that it is more likely than not that Odedo would be persecuted or tortured if returned to Nigeria. See Faruk v. Ashcroft, 378 F.3d 940, 944 (9th…

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