Bernal

Bernal v. Ashcroft

Good Law
106 F. App'x 609
United States Court of Appeals for the Ninth CircuitAugust 13, 2004No. 03-73249, A75-721-714California395 words

Opinion

Lead Opinion

MEMORANDUM **

Nelly Alicia Bernal, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the immigration judge’s (“IJ”) denial of her application for asylum and withholding of removal, and *610 relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 , and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s finding that no extraordinary circumstances excused Bernal’s untimely asylum application. See 8 U.S.C. § 1158 (a)(3); Molinar-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). Accordingly, we dismiss the petition for review of her asylum application.

As to Bernal’s contentions regarding the denial of withholding of removal, we conclude that substantial evidence supports the IJ’s finding that the killings of Bernal’s relatives and the threatening phone calls she received were not on account of political opinion or membership in a particular social group. See Molina-Estrada, 293 F.3d at 1094-96 .

Bernal’s contention that the BIA’s streamlining regulations violate due process is foreclosed by Falcon Carache v. Ashcroft,…

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