From Casetext: Smarter Legal Research

Kabba v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 6, 2012
467 F. App'x 756 (9th Cir. 2012)

Opinion

No. 09-70843 Agency No. A097-117-628

02-06-2012

ALI KABBA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

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

On Petition for Review of an Order of the

Board of Immigration Appeals


Submitted January 17, 2012

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
--------

Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.

Ali Kabba, a native and citizen of Sierra Leone, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's ("IJ") decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence factual findings. Sowe v. Mukasey, 538 F.3d 1281, 1285 (9th Cir. 2008). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency's denial of asylum and withholding of removal based upon changed country conditions because, even if Kabba were credible and established past persecution, the record reflects that country conditions in Sierra Leone have changed such that Kabba no longer has a well-founded fear of future persecution by members of the Revolutionary United Front. See id. at 1285-86, 1288. Accordingly, Kabba's asylum and withholding of removal claims fail. See id. at 1288.

We lack jurisdiction to address Kabba's unexhausted challenge to the IJ's denial of CAT relief. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Kabba v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 6, 2012
467 F. App'x 756 (9th Cir. 2012)
Case details for

Kabba v. Holder

Case Details

Full title:ALI KABBA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Feb 6, 2012

Citations

467 F. App'x 756 (9th Cir. 2012)