Hamid

Hamid v. Gonzales

Good Law
127 F. App'x 942
United States Court of Appeals for the Ninth CircuitApril 11, 2005Nos. 03-70871, 03-74324California522 words

Opinion

Lead Opinion

MEMORANDUM ***

*943 In these consolidated petitions for review, Husni Abdul Hamid, a native and citizen of Indonesia, seeks review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an immigration judge’s (“IJ") denial of Ham-id’s application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”) (No. 03-70871). Hamid’s wife, Yustini Upik, also a native and citizen of Indonesia, seeks review of the BIA’s dismissal of her appeal of an IJ’s denial of her request to consolidate her case with Hamid’s (No. 03-74324). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s decision to deny withholding of removal, Lanza v. Ashcroft, 389 F.3d 917, 933 (9th Cir.2004), and relief under CAT, see id. at 936-7 . We vacate and remand in part, and deny in part the petitions for review.

The IJ denied Hamid’s asylum application on two independent grounds: (1) that the application was untimely; and (2) that Hamid failed to establish past persecution or a well-founded fear of future persecution.

We have jurisdiction to review a denial of asylum on the merits, but we lack jurisdiction to review a…

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