Zadelyan
Zadelyan v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Nshan Zadelyan, his wife Azniv, and their two sons Ruben and Karapet, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). 1 To the extent we have jurisdiction, our jurisdiction is conferred by 8 U.S.C. § 1252 . We deny in part and vacate and remand in part the petition for review.
*210 The IJ found that petitioners’ asylum applications were untimely and that they failed to establish extraordinary circumstances to excuse that untimeliness. See 8 U.S.C. § 1158 (a)(2)(B), (D). In the alternative, the IJ denied petitioners’ asylum claims, as well as their withholding of removal and CAT claims, after finding that they failed to present credible evidence in support of the claims.
Although we have jurisdiction to review the IJ’s adverse credibility determination, we lack jurisdiction to review whether an alien has demonstrated extraordinary circumstances excusing an untimely asylum application. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th…