Jeetendra Sharma Singh v. Loretta E. Lynch

Good Law
609 F. App'x 364
United States Court of Appeals for the Ninth CircuitJuly 16, 201508-74272California425 words

Opinion

Opinion

MEMORANDUM

Jeetendra Sharma Singh, Meenakshi Sharma, and their two children petition for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (I J) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We deny the petition.

Jeetendra Sharma Singh and his wife Meenakshi Sharma filed fraudulent asylum applications in 1995. They were granted asylum on the basis of those applications. When their fraud was discovered and their asylum'terminated, they filed new applications in 2006, requesting asylum, withholding of removal, and CAT relief.

We agree with the IJ and the BIA that the 2006 asylum applications were untimely because they were filed more than one year after petitioners arrived in the United States. 8 U.S.C. § 1158 (a)(2)(B). Mr. Singh and Mrs. Sharma were in the United States for over ten years before filing asylum applications in 2006. The fact that they had previously filed fraudulent asylum applications is not an “extraordinary circumstance[ ]” that would require the BIA to extend this deadline. 8 U.S.C. § 1158 (a)(2)(D).

The REAL ID Act applies to this petition…

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