221 F. App'x 655

Jose CORTEZ-HERNANDEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-74191.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 20, 2007 *.

Filed Feb. 23, 2007.

Jorge I. Rodriguez-Choi, Esq., San Francisco, CA, for Petitioner.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, U.S. Attorney’s Office, Assistant U.S. Attorney, Little Rock, AR, for Respondent.

Before: BEEZER, FERNANDEZ and McKEOWN, Circuit Judges.

MEMORANDUM **

Jose Cortez-Hernandez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an Immigration Judge’s (“IJ”) denial of his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We deny the petition.

Substantial evidence supports the IJ’s denial of Cortez-Hernandez’s withholding of removal claim because he did not establish that it is more likely than not that he will be persecuted on account of a protected ground if returned to El Salvador. INS v. Stevic, 467 U.S. 407, 429-30, 104 S.Ct. 2489, 81 L.Ed.2d 321 (1984).

We lack jurisdiction over Cortez-Hernandez’s asylum claim, because he chose not to pursue it before the IJ, and failed to exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

PETITION FOR REVIEW DENIED.

Cortez-Hernandez v. Gonzales
221 F. App'x 655

Case Details

Name
Cortez-Hernandez v. Gonzales
Decision Date
Feb 23, 2007
Citations

221 F. App'x 655

Jurisdiction
United States

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