Asif Muhammed v. Eric Holder, Jr.

MEMORANDUM

Muhammed Asif and Farhana Asif, natives and citizens of Pakistan, petition for review of the decision of the Board of Immigration Appeals (BIA) affirming the immigration judge’s (IJ) (1) denial of Mu-hammed’s application for asylum as time-barred and (2) denial of Muhammed’s applications for withholding of removal and protection under the Convention Against Torture (CAT), because he was not credible. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review.

1. We lack jurisdiction to review the IJ’s and the BIA’s determination that Mu-hammed’s asylum application was time-barred. See 8 C.F.R. § 208.4 (a)(4), (5); see also Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per curiam). However, we have jurisdiction to determine whether Muhammed has demonstrated an exception to the time bar, because there are no relevant facts in dispute. See id. at 650 . Muhammed argues that exceptions, changed circumstances and/or extraordinary circumstances, should excuse his untimely filing. We disagree.

First, Muhammed did not establish extraordinary circumstances, because he did not reasonably pursue asylum after he lost his legal status. Extraordinary…