Neama El Sayed Ramadan Gasser Hisham El Gendy v. Alberto R. Gonzales, Attorney General

In an issue of first impression in this circuit, we address the effect of the recently passed REAL ID Act, Pub L. No. 109-13 § 106(a) (2005), on our jurisdiction to review an agency decision under 8 U.S.C. § 1158(a)(2). In this case, the immigration judge (“IJ”) determined that the petitioner was ineligible to apply for asylum because the asylum application was not filed within one year after the last entry into the United States (the “one-year bar”) and that there were no “changed circumstances” that materially affected the petitioner’s eligibility for asylum. We conclude that such a determination is essentially factual, and thus not a “question of law” within the meaning of the REAL ID Act. We therefore lack jurisdiction to review any claim regarding the petitioner’s asylum application, and deny the petition as it pertains to withholding of removal.

FACTS AND PROCEDURAL HISTORY

Lead petitioner Neama El Sayed Ramadan (“Ramadan”) was born in Egypt. She attended the University of Alexandria and obtained degrees in physical education and rhythmic gymnastics. She taught gymnastics at the University, and also taught aerobics at a private athletic club in Alexandria, near her home.…