Abubakar Drammeh 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NOT FOR PUBLICATION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
ABUBAKAR DRAMMEH,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73845
Agency No. A098-132-326
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012**
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Abubakar Drammeh, 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
FILED
OCT 15 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-73845 2
(“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 dismiss in part and deny in part the petition for review.
We lack jurisdiction to review Drammeh’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 Drammeh
were credible, and even if he established past persecution, the government rebutted
the presumption that Drammeh 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, Drammeh’s asylum claim fails.
Because Drammeh failed to meet the lower burden of proof for asylum, his
claim for withholding of removal necessarily fails. See id. at 1288.
Substantial evidence supports the agency’s denial of CAT relief because
Drammeh failed to show it is more likely than not that he will be tortured in Sierra
Leone. See id. at 1288-89 (9th Cir. 2008) (evidence of changed country conditions
defeated CAT claim).

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09-73845 3
Finally, Drammeh’s motion to strike the government’s brief, or for an
extension of time to file a reply brief, is denied.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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