Jorge Mayta v. Eric Holder, Jr.

MEMORANDUM

Petitioner Jorge Mayta petitions for review of a decision of the Board of Immigration Appeals (BIA) dismissing his appeal from the denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).

This court lacks jurisdiction to review the BIA’s ruling on the timeliness of May-ta’s asylum application because Mayta does not raise a constitutional claim or a question of law, and the facts are disputed. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (limiting our jurisdiction over discretionary decisions to constitutional claims or questions of law); Tamang v. Holder, 598 F.3d 1083, 1089 (9th Cir.2010) (limiting our jurisdiction over the “extraordinary circumstances” exception to the timeliness requirement to cases where the facts are not disputed).

Substantial evidence supports the finding that Mayta is ineligible for withholding of removal because he “ordered, incited, assisted, or otherwise participated in” the persecution of others. 8 U.S.C. § 1101 (a) (42); see also 8 U.S.C. § 1231 (b)(3)(B)(i); 8 C.F.R. §§ 208.16 (d)(2), 1208.16(d)(2); Miranda Alvarado v. Gonzales, 449 F.3d 915, 918-19 (9th…