Tamang

Tamang v. Holder

Good Law
598 F.3d 1083·2010 WL 917202·2010 U.S. App. LEXIS 5362
United States Court of Appeals for the Ninth CircuitMarch 16, 201008-73550California4,904 words

Opinion

Opinion

Benitez, J.

Petitioner Pan Bahadur Tamang petitions for review of the Board of Immigration Appeals’ (“BIA’s”) order dismissing his appeal of an immigration judge’s (“IJ’s”) denial of his application for asylum, withholding of removal, and protec tion under the United Nations Convention Against Torture (“CAT”). We dismiss the petition for review as to Tamang’s asylum claim on the grounds that the claim was untimely. As to Tamang’s remaining claims, we have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

BACKGROUND

Tamang is a native and citizen of Nepal. On July 18, 1999, Tamang entered the United States on a visitor visa. When Tamang’s visa expired on January 17, 2000, Tamang remained in, and at all relevant times has remained in, the United States. More than five years later, on August 12, 2005, Tamang filed an application (“Application”) for asylum, withholding of removal, and protection under CAT.

Tamang’s Application includes a declaration stating, among other things, that Tamang’s family was threatened by Maoists and Maoists broke Tamang’s brother’s leg during an altercation. This altercation apparently took place in 2002, i.e., three years after Tamang…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.