VICTOR MEMIDO BALOGUN, AKA Victor Balogun v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
VICTOR MEMIDO BALOGUN, AKA
Victor Balogun,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-70703
Agency No. A205-719-427
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Victor Balogun, a native and citizen of Nigeria, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for withholding of
removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 24 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 14-70703
substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d
1182, 1184-85 (9th Cir. 2006). We deny in part and dismiss in part the petition
for review.
Substantial evidence supports the agency’s determination that, even if
Balogun is Christian, he failed to establish past persecution or a clear probability of
future persecution on account of his Christianity. See Hoxha v. Ashcroft, 319 F.3d
1179, 1185 (9th Cir. 2003) (evidence did not compel a finding that it was more
probable than not that petitioner would be persecuted). Thus, Balogun’s
withholding of removal claim fails.
We lack jurisdiction to consider Balogun’s contention that the IJ violated his
due process rights with respect to corroboration of his Christian beliefs because he
failed to raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th
Cir. 2004).
PETITION FOR REVIEW DENIED in part; DIMISSED in part.

-- 2 of 2 --