Barutyan

Barutyan v. Gonzales

Good Law
128 F. App'x 658
United States Court of Appeals for the Ninth CircuitMay 12, 2005No. 04-73638; Agency No. A79-290-887California613 words

Opinion

Lead Opinion

MEMORANDUM ***

Artashes Barutyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have partial jurisdiction pursuant to 8 U.S.C. § 1252 . Where, as here, the BIA affirms without opinion, we review the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We dismiss in part, grant in part, and deny in part the petition for review.

We are without jurisdiction to review the IJ’s determination that Barutyan’s asylum application was untimely filed and that he failed to demonstrate extraordinary circumstances to excuse the untimeliness. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002) (order) (citing 8 U.S.C. § 1158 (a)(3)).

We review for substantial evidence the IJ’s denial of withholding of removal and CAT relief. See Lanza v. Ashcroft, 389 F.3d 917, 933, 936 (9th Cir.2004). Substantial evidence does not support the IJ’s adverse credibility determination because the IJ did not specifically or cogently…

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