Aburto-Miranda

Aburto-Miranda v. Ashcroft

Good Law
119 F. App'x 864
United States Court of Appeals for the Ninth CircuitDecember 15, 2004No. 03-73334; Agency Nos. A76-705-956 A76-705-957California553 words

Opinion

Lead Opinion

MEMORANDUM **

Lead petitioner Rodman Aburto-Miranda, a native of Nicaragua and a citizen of Costa Rica, and his wife Sara Aburto, a native and citizen of Costa Rica, petition for review of the Board of Immigration Appeals’ (“BIA”) dismissal of an appeal from an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have partial jurisdiction pursuant to 8 U.S.C. § 1252 . Where, as here, the BIA clearly adopts and incorporates the IJ’s reasoning, we review the IJ’s decision under the substantial evidence standard. Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001) (citation omitted). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s conclusions that Aburto-Miranda’s application did not comply with the one-year filing deadline of 8 U.S.C. § 1158 (a)(2)(B), see Hakeem, 273 F.3d at 815 , and did not demonstrate extraordinary or changed circumstances pursuant to section 1158(a)(2)(D), see Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir. *866 2002). Consequently, we lack jurisdiction to review Aburto-Miranda’s contentions regarding the…

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