Kochisarli

Kochisarli v. Gonzales

Good Law
159 F. App'x 759
United States Court of Appeals for the Ninth CircuitDecember 6, 2005No. 03-71700California662 words

Opinion

Lead Opinion

*761 MEMORANDUM **

Petitioner Zeki Kochisarli appeals the decision of the Board of Immigration Appeals (BIA), which affirmed without opinion the Immigration Judge’s (IJ) denial of Kochisarli’s applications for asylum, withholding of removal, protection under the Convention Against Torture, and cancellation of removal. We affirm the decision of the BIA.

It has been settled for some time that we have no jurisdiction to review an IJ’s application of the one-year time bar to claims of asylum under 8 U.S.C. § 1158 (a)(3). Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). Kochisarli argues that the REAL ID Act restores our jurisdiction, pursuant to a provision which states that this court can review “constitutional claims or questions of law.” 8 U.S.C. § 1252 (a)(2)(D) (as amended). Kochisarli raises no constitutional claims, but instead argues that “changed circumstances ... materially affect [his] eligibility for asylum.” See 8 U.S.C. § 1158 (a)(2)(D). He claims that the determination of changed circumstances is a question of law now open for our review.

Kochisarli’s argument is foreclosed by the decision in Ramadan v. Gonzales, 427 F.3d 1218 (9th Cir.2005). In Ramadan , we held…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.