Sajedi

Sajedi v. Ashcroft

Good Law
107 F. App'x 45
United States Court of Appeals for the Ninth CircuitAugust 17, 2004No. 03-71445California332 words

Opinion

Lead Opinion

MEMORANDUM **

Kobra Sajedi, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) affirmance of the Immigration Judge’s (“IJ’s”) denial of her application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1). ‘Where, as here, the BIA reviews the IJ’s decision de novo, our review is limited to the BIA’s decision.” Singh v. Ashcroft, 301 F.3d 1109, 1111 (9th Cir.2002). We deny the petition.

Petitioner failed to timely file her application for asylum, as she arrived in the United States on June 24,1996, but did not file her application for asylum until April 15, 1998. See 8 C.F.R. § 208.4 (a)(2)(ii) (noting that the deadline for applying for asylum falls one year after the alien’s arrival in the United States or on April 1, 1998, whichever is later). We lack jurisdiction to review the BIA’s determination that no extraordinary circumstances excused Petitioner’s delay. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002).

Substantial evidence in the record supports the BIA’s conclusion that Petitioner lacked credibility and therefore faded to establish her eligibility for withholding of…

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