Maloni Qioniwasa v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Maloni Qioniwasa v. Eric Holder, Jr., 508 F. App'x 614 (9th Cir. 2013)

Maloni Qioniwasa v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Maloni Vakacavu Qioniwasa, lead petitioner, and his spouse, Olimaipa Leba Qioniwasa, natives and citizens of Fiji, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir. 2003), and we deny in part and dismiss in part the petition for review.

Petitioners do not challenge the BIA’s finding that they made no claim of past persecution. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not addressed in the argument portion of a brief are deemed waived).

Lead petitioner testified that he is a pastor and would be mistreated in Fiji if he speaks out against the government. Substantial evidence supports the BIA’s finding that petitioners failed to establish a clear probability of future persecution in Fiji. See Nagoulko, 333 F.3d at 1018 (possibility of future persecution too speculative). Accordingly, their withholding of removal claim fails.

We lack jurisdiction over any challenge petitioners raise to the IJ’s finding that their asylum application was time-barred because they did not exhaust this issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004). Further, contrary to petitioners’ contentions, they were not prevented from addressing issues the IJ found troubling, and the BIA did not adopt and affirm the IJ’s decision.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Maloni Vakacavu QIONIWASA; Olimaipa Leba Qioniwasa, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished