FILED
NOT FOR PUBLICATION JUN 19 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELDIS GJIKANI, a.k.a. Alberto Cappi, No. 12-73201
Petitioner, Agency No. A088-476-325
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Eldis Gjikani, a native and citizen of Albania, petitions for review of the
Board of Immigration Appeals’ 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 jurisdiction is
*
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).
governed by 8 U.S.C. § 1252. We review for substantial evidence factual findings.
Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We dismiss in part,
and deny in part the petition for review.
We lack jurisdiction to review the agency’s determination that Gjikani’s
asylum application was untimely because the facts underlying that determination
are disputed. See 8 U.S.C. § 1158(a)(3); Sumolang v. Holder, 723 F.3d 1080, 1082
(9th Cir. 2013) (no jurisdiction to review untimeliness determination based on
underlying factual dispute).
Gjikani fled Albania in 2004 due to a blood feud with an individual who
harassed his family and sought to harm him. Substantial evidence supports the
agency’s finding that Gjikani failed to establish that he suffered harm or fears harm
from the Albanian government or a source that the government was or would be
unable or unwilling to control. See Nahrvani v. Gonzales, 399 F.3d 1148, 1154
(9th Cir. 2005) (record did not compel government was unable or unwilling to
control harassers); see also Aguilar-Ramos v. Holder, 594 F.3d 701, 705 n.6 (9th
Cir. 2010) (“[c]ountry reports are accorded special weight in removal
proceedings”). Contrary to Gjikani’s contentions in his opening brief, it was his
burden to demonstrate that the Albanian government was unable or unwilling to
control the person he fears. See Nahrvani, 399 F.3d at 1154. Gjikani’s contention
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that the agency failed to consider certain evidence does not overcome the
presumption that the agency reviewed all of the evidence he presented. See Larita-
Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir. 2000). Thus, Gjikani’s
withholding of removal claim fails.
Finally, Gjikani does not make any arguments in his opening brief regarding
the agency’s denial of his CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256,
1259 (9th Cir 1996) (issues not supported by argument are deemed abandoned).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
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