Kumar

Kumar v. Ashcroft

Good Law
115 F. App'x 380
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-74232; Agency No. A76-383-191California344 words

Opinion

Lead Opinion

MEMORANDUM **

Sanjiv Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“U”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

*381 We lack jurisdiction to review the IJ’s determination that Kumar failed to file his asylum application within one year of his arrival in the United States. See Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). We also lack jurisdiction to review the IJ’s determination that no extraordinary circumstances excused the late filing. See Molino-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). Accordingly, we dismiss Kumar’s petition for review with respect to his asylum claim.

We have jurisdiction pursuant to 8 U.S.C. § 1252 to review the IJ’s denial of withholding of removal and relief under the CAT. We review an IJ’s adverse credibility finding under the substantial evidence standard. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). We must uphold the IJ’s findings unless the evidence presented compels a contrary result. See Singh-Kaur v. INS, 183 F.3d 1147, 1149-50…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.