Sardari

MEMORANDUM **

Abbas Amir Sardari appeals the district court’s denial of his petition for habeas corpus. While his appeal was pending, Congress enacted the REAL ID Act of 2005, which eliminated habeas jurisdiction. 8 U.S.C. § 1252 (a)(5). We have interpreted the REAL ID Act to require this court to treat pending appeals of habeas petition denials as timely-filed petitions for review, Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1052-53 (9th Cir.2005), and we treat Sardari’s appeal as such.

Sardari seeks review of the Board of Immigration Appeals’ (BIA’s) decision that he is barred from applying for asylum because he did not file his application within one year of his arrival in this country, and that there are no changed or extraordinary circumstances to excuse the late filing. 8 U.S.C. § 1158 (a)(2)(B) & (D). This court, however, is precluded from reviewing any determination about the one-year asylum bar by 8 U.S.C. § 1158 (a)(3). See Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).

Although the REAL ID Act did expand our jurisdiction to consider “constitutional claims or questions of law,” Sardari’s petition raises no such claim. To be sure, religious conversion can qualify as…