Abubakar Kamara v. Eric H. Holder Jr. , 472 F. App'x 762 ( 2012 )

FILED
NOT FOR PUBLICATION APR 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ABUBAKAR KAMARA, No. 09-70870
Petitioner, Agency No. A096-153-133
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012 **
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Abubakar Kamara, a native and citizen of Sierra Leone, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). Our
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence
the agency’s factual findings. Sowe v. Mukasey, 538 F.3d 1281, 1285 (9th Cir.
2008). We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review Kamara’s contention that he is eligible for
humanitarian asylum because he failed to exhaust it before the BIA. See Barron v.
Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
Substantial evidence supports the agency’s finding that, even if Kamara’s
asylum application was timely, and even if Kamara established past persecution,
the government rebutted the presumption that Kamara has a well-founded fear of
persecution if he returned to Sierra Leone. See Sowe, 538 F.3d at 1285-87(evidence of fundamental changes in Sierra Leone rebutted the presumption of a
well-founded fear of future persecution). Accordingly, Kamara’s asylum claim
fails.
Because Kamara failed to meet the lower burden of proof for asylum, his
claim for withholding of removal necessarily fails. See Zehatye v. Gonzales, 453
F.3d 1182, 1190 (9th Cir. 2006).
Finally, substantial evidence supports the agency’s denial of CAT relief
because Kamara failed to show that it is more likely than not he will be tortured by
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or with the consent or acquiescence of the government if returned to Sierra Leone.
See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
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