Rigoberto Lopez v. Eric Holder, Jr.

MEMORANDUM

Rigoberto Orlando Lopez, a native and citizen of El Salvador, petitions pro se for review the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Wak-kary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and review for an abuse of discretion the denial of a motion to remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s finding that Lopez’s asylum application was untimely. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (no jurisdiction to review claims not exhausted before the BIA).

Lopez fears harm based on mistreatment he suffered during the early 1980’s at the hands of Salvadorian authorities who suspected he was a guerilla. Even if Lopez was credible, substantial evidence supports the agency’s denial of withholding of removal now that the civil war is…