Oladiran Alagbe v. John Ashcroft

U.S. Court of Appeals for the Eighth Circuit
Oladiran Alagbe v. John Ashcroft, 144 F. App'x 570 (8th Cir. 2005)

Oladiran Alagbe v. John Ashcroft

Opinion

PER CURIAM.

Oladiran Sunday Alagbe, a citizen of Nigeria, petitions for review of an order of the Board of Immigration Appeals, which affirmed an Immigration Judge’s denial of asylum, withholding of removal, relief under the Convention Against Torture (CAT), and voluntary departure. 2

We lack jurisdiction to review the determination that Mr. Alagbe’s asylum application was untimely and that he did not show changed or extraordinary circumstances justifying his untimely application. See 8 U.S.C. § 1158(a)(3); Ngure v. Ashcroft, 367 F.3d 975, 988-89 (8th Cir. 2004). After careful review of the record, we conclude that Mr. Alagbe was not entitled to withholding of removal, because he failed to demonstrate a clear probability that he would be persecuted on one of the enumerated grounds if removed to Nigeria. See Tawm v. Ashcroft, 363 F.3d 740, 744 (8th Cir. 2004) (clear-probability standard).

Accordingly, we deny the petition.

2

. Mr. Alagbe does not challenge the denial of CAT relief or voluntary departure. See Falaja v. Gonzales, 418 F.3d 889, 897 (8th Cir. 2005); Chay-Velasquez v. Ashcroft, 367 F.3d 751, 756 (8th Cir. 2004).

Reference

Full Case Name
Oladiran Sunday ALAGBE, Petitioner, v. Alberto GONZALES, Attorney General of the United States of America, Respondent
Status
Unpublished