Boidya v. Gonzales
Opinion of the Court
MEMORANDUM
Allen Rupok Boidya, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”).
Boidya does not contend that he suffered past persecution. He therefore bears the burden of establishing a well-founded fear of future persecution. Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003). Although Boidya’s credible testimony established he subjectively fears future persecution by Islamic fundamentalists on account of his Christian religion,
PETITION DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. Because Boidya waived any challenge to the BIA's denial of withholding of removal and CAT relief by not raising these issues in his brief to this court, we address only Boidya’s asylum claim. See Quan v. Gonzales, 428 F.3d 883, 890 (9th Cir. 2005) (citing Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996)).
. In his brief, Boidya claims a fear of persecution on account of membership in a particular social group, i.e., his family. He did not, however, raise this claim before the BIA or the IJ. We therefore lack jurisdiction to address the matter. See Thomas v. Gonzales, 409 F.3d 1177, 1183 (9th Cir. 2005) (en banc); Rojas-Garcia v. Ashcroft, 339 F.3d 814, 819 (9th Cir. 2003) (“Before a petitioner can raise an argument on appeal, the petitioner must first raise the issue before the BIA or the IJ.”) (citing 8 U.S.C. § 1252(d)).
Reference
- Full Case Name
- Allen Rupok BOIDYA v. Alberto R. GONZALES, Attorney General
- Status
- Published