Eldis Gjikani v. Eric Holder, Jr.

MEMORANDUM

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 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…