Semjonov

Semjonov v. Ashcroft

Good Law
84 F. App'x 772
United States Court of Appeals for the Ninth CircuitDecember 10, 2003No. 02-73583; Agency No. A75-645-480California463 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Igor Semjonov petitions for review of the Board of Immigration Ap *773 peals’ (“BIA”) affirmance without opinion of an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. We thus review the IJ’s decision as the final agency determination. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999). The IJ held that Semjonov did not establish eligibility for relief because he was not credible. Alternatively, the IJ held that even if Semjonov were credible, he did not show that he was persecuted “on account of’ his religion or nationality. We review for substantial evidence and uphold the IJ’s decision unless the evidence compels a contrary result. De Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

The IJ held that Semjonov’s asylum application was barred because he failed to file it within one year of entry into the United States. 8 U.S.C. § 1158 (a)(2)(B). Semjonov does not seem to challenge that determination, and the Court lacks jurisdiction to review the IJ’s determination that Semjonov…

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