Eduardo Jacobo-Diaz v. Merrick Garland

facts, sometimes referred to as mixed questions of law and fact.” (quoting

Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir. 2007))).

Extraordinary circumstances are “events or factors directly related to the

failure to meet the 1-year deadline,” and include “[s]erious illness or mental or

physical disability, including any effects of persecution or violent harm suffered in

the past, during the 1-year period after arrival.” 8 C.F.R. § 1208.4(a)(5)(i)-(vi). The

agency concluded that Jacobo’s PTSD was unrelated to his filing delay. That

2 determination is a factual one over which we do not have jurisdiction. See

Gasparyan v. Holder, 707 F.3d 1130, 1134 (9th Cir. 2013) (holding that the court

lacked jurisdiction to review an underlying factual dispute as to whether financial

constraints and a language barrier, rather than mental health issues, explained a

filing delay). We therefore dismiss Jacobo’s petition for review of the Board’s

extraordinary-circumstances determination.

2. Jacobo’s changed-circumstances claim fails on the merits. Changed

circumstances are those “materially affecting the applicant’s eligibility for asylum”

and may include, but are not limited…