Arevalo-Galicia

Arevalo-Galicia v. Ashcroft

Good Law
118 F. App'x 267
United States Court of Appeals for the Ninth CircuitDecember 16, 2004No. 03-71634; Agency Nos. A77-541-057, A77-541-100California488 words

Opinion

Lead Opinion

MEMORANDUM **

Ignacio Arevalo-Galicia and Camila Arevalo-Galicia, brother and sister and natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ orders affirming an immigration judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for substantial evidence. Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determinations that Camila failed to file her asylum application within one year of her arrival in the United States as required by 8 U.S.C. § 1158 (a)(2)(B), see Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001), and failed to show exceptional circumstances excusing the late filing, see Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002).

Substantial evidence supports the IJ’s conclusion that the threats made to petitioners’ family members through third parties did not constitute past persecution of petitioners. See, e.g., Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000)…

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