Mohamud

Mohamud v. Gonzales

Good Law
126 F. App'x 345
United States Court of Appeals for the Ninth CircuitFebruary 17, 2005No. 02-73671; Agency No. A78-650-580California419 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Sarah Mohamed Mohamud, a native and citizen of Somalia, petitions for *346 review of the Board of Immigration Appeals’ (BIA) summary affirmance of an immigration judge’s (IJ) denial of her application for asylum. To the extent that we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review constitutional claims de novo, Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001), and we dismiss in part, and deny in part, the petition for review.

We lack jurisdiction to review the IJ’s determination that Petitioner did not timely file her asylum application pursuant to 8 U.S.C. § 1158 (a)(2)(B). Hakeem v. INS, 273 F.3d 812, 815-16 (9th Cir.2001). This was the only ground for the IJ’s decision, and Petitioner raised no new arguments in her appeal to the BIA. Therefore, we also lack jurisdiction to evaluate the BIA’s decision to streamline its review of the IJ’s determination. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 854 (9th Cir.2003) (“To assess whether streamlining was appropriate, we would necessarily be engaged in a merits analysis of the [ ] claim. Because we lack jurisdiction to review the merits ... we are also without jurisdiction to…

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