Ali Kabba v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALI KABBA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-70843
Agency No. A097-117-628
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 17, 2012**
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
FILED
FEB 06 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-70843 2
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.

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