Estopinian-Cisneros

Estopinian-Cisneros v. Mukasey

Good Law
284 F. App'x 439
United States Court of Appeals for the Ninth CircuitJuly 1, 2008No. 07-70012California256 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Eriberto Estopinian-Cisneros, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, see Molina-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001), and we deny the petition for review.

We lack jurisdiction to review Estopinian-Cisneros’ contention that he was persecuted on account of a political opinion because he failed to exhaust this claim before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Substantial evidence supports the denial of the asylum claim because Estopinian-Cisneros failed to demonstrate that he was persecuted in the past, or that he will be persecuted in the future, on account of a protected ground. See Molina-Morales, 237 F.3d at 1052 ; see also Ochoa v. Gonzales, 406 F.3d 1166, 1170-71 (9th Cir. 2005).

Because Estopinian-Cisneros failed to establish eligibility for asylum, he necessarily failed to meet the…

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