Lopez

Lopez v. Gonzales

Good Law
130 F. App'x 198
United States Court of Appeals for the Ninth CircuitMay 11, 2005No. 03-71493California404 words

Opinion

Lead Opinion

MEMORANDUM ****

Carlos Cabuyales Lopez and Fanny Ruth Arteaga, a married couple, and their two minor children, Juan David Cabuyales Arteaga and Katherine Cabuyales Arteaga, petition for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“IJ”) denial of their applications for asylum and withholding of removal. 1 The IJ denied the petitioners’ asylum claim because they failed to file it within one year of entering the United States without extraordinary circumstances to excuse the untimeliness. We lack jurisdiction to review that determination, and accordingly we dismiss the petition for review as to the asylum claim. See 8 U.S.C. § 1158 (a)(3); Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir. 2002).

We have jurisdiction over the petition under 8 U.S.C. § 1252 (a) as to the petitioners’ claim for withholding of removal, and we review for substantial evidence the IJ’s determination that they did not demonstrate eligibility for withholding. Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004). The IJ found that the petitioners’ testimony was not credible. 2 That finding is supported by substantial evidence. The IJ noted specific…

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