Andemichael

Andemichael v. Ashcroft

Good Law
119 F. App'x 114
United States Court of Appeals for the Ninth CircuitDecember 22, 2004No. 02-73978California494 words

Opinion

Lead Opinion

MEMORANDUM **

Miliete Y. Andemichael, a native of Ethiopia and citizen of Eritrea, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We lack jurisdiction to review the IJ’s determination that Andemichael is ineligible for asylum because she failed to apply within one year of arriving in the United States. See 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). Under 8 U.S.C. § 1252 , we have jurisdiction to review the IJ’s denial of withholding and relief under CAT. We dismiss the petition in part, and deny it in part.

The IJ determined that Andemichael came to the United States in 1997, but did not file an application for asylum until 1999, and, therefore, the asylum application was time-barred. The IJ noted that Andemichael’s applications for withholding of removal and relief under CAT were not time-barred, and the IJ reached the merits of those claims.

Andemichael argues that the IJ’s adverse credibility determination is not supported by substantial…

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