Mamangkey

Mamangkey v. Ashcroft

Good Law
118 F. App'x 306
United States Court of Appeals for the Ninth CircuitJanuary 12, 2005No. 03-73931; Agency No. A79-191-738California446 words

Opinion

Lead Opinion

MEMORANDUM **

Lovey Benjamin Mamangkey, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) denial of his 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 dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s determination that Mamangkey failed to show that he filed for asylum within one year of entering the United States, see 8 U.S.C. §§ 1158 (a)(2)(B), (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001), or that extraordinary circumstances excused the late filing, see Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002).

We review for substantial evidence the BIA’s determination that Mamangkey failed to establish eligibility for withholding of removal. See Hakeem, 273 F.3d at 816 . Mamangkey’s admission that he freely practiced Christianity in Indonesia without any problems and his admission that his mother has been employed by a Christian church for over forty years and continues to…

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