Victor Balogun v. Loretta E. Lynch
Opinion
MEMORANDUM **
Victor Balogun, a native and citizen of Nigeria, petitions for review of the Board *276 of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Zehatye v, Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny in part and dismiss in part the petition for review.
Substantial evidence supports the agency’s determination that, even if Balogun is Christian, he failed to establish past persecution or a clear probability of future persecution on account of his Christianity. See Hoxha v. Ashcroft, 319 F.3d 1179, 1185 (9th Cir. 2003) (evidence did not compel a finding that it was more probable than not that petitioner would be persecuted). Thus, Balogun’s withholding of removal claim fails.
We lack jurisdiction to consider Balo-gun’s contention that the IJ violated his due process rights with respect to corroboration of his Christian beliefs because he failed to raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Victor Memido BALOGUN, AKA Victor Balogun, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
- Status
- Unpublished