Giovanni Molina-Estrada v. Immigration and Naturalization Service

ORDER

The opinion filed February 13, 2002, is amended as'follows:

With these amendments, the panel has voted to deny the petition for panel rehearing. Judges Graber and Paez have voted to deny the petition for rehearing en banc, and Judge Sneed has so recommended.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on it.

The petition for panel rehearing and petition for rehearing en banc are DENIED.

OPINION

Petitioner Giovanni Molina-Estrada asks us to decide whether the fact that he was 18 years old when he arrived in the United States in 1983 constitutes an “extraordinary circumstance” excusing his failure to file an application for asylum by the statutory deadline of April 1, 1998. We lack jurisdiction to decide that question. We also conclude that the Board of Immigration Appeals (BIA) correctly held that Petitioner was ineligible for cancellation of removal and conclude that substantial evidence supports the BIA’s decision regarding the withholding of removal. Accordingly, we dismiss the petition in part and deny it in part.

BACKGROUND

Petitioner Giovanni Molina-Estrada and his mother, who were citizens…