Kandou

Kandou v. Ashcroft

Good Law
119 F. App'x 166
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 03-74741California407 words

Opinion

Lead Opinion

MEMORANDUM **

Catherine Kandou, a native and citizen of Indonesia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s (“IJ”) decision denying her application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the determination that Kandou did not comply with the one-year filing deadline of 8 U.S.C. § 1158 (a)(2)(B). See Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). We also lack jurisdiction to review the BIA’s determination that no “extraordinary circumstances” excused Kandou’s untimely asylum application. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). Accordingly, we dismiss Kandou’s asylum claim.

We have jurisdiction pursuant to 8 U.S.C. § 1252 over the remaining claims. We review for substantial evidence the IJ’s decision to deny withholding of removal, Hakeem, 273 F.3d at 816 , and relief under CAT, Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003), and de novo due process violation claims, Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004).

Substantial…

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