Usea

Usea v. Ashcroft

Good Law
115 F. App'x 329
United States Court of Appeals for the Ninth CircuitNovember 23, 2004No. 03-74001California497 words

Opinion

Lead Opinion

MEMORANDUM **

Bismark Usea, a native of Ghana and citizen of Norway, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal and claim for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo claims of due process violations, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003), and review for substantial evidence the BIA’s factual findings, Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999). We deny the petition for review.

Usea contends that the agency denied him due process by not giving him the opportunity to present evidence as to why his asylum application was filed outside the one-year time limit set forth in 8 U.S.C. § 1158 (a)(2)(B). Although this Court lacks jurisdiction to review the BLA’s determination that Usea’s asylum application was not timely filed, see Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001), this Court does have jurisdiction to review due process challenges, see Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th Cir.2002). Usea’s contention that he was denied…

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