Rozik Hashemian v. Gonzales

Good Law
163 F. App'x 482
United States Court of Appeals for the Ninth CircuitJanuary 12, 2006No. 04-73697California402 words

Opinion

Lead Opinion

MEMORANDUM **

Rozik Hashemian, a native and citizen of Iran, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing her appeal from an immigration judge’s (“IJ”) order denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review the BIA’s decision as well as the IJ’s decision, to the extent it was adopted by the BIA. See Paramasamy v. Ashcroft, 295 F.3d 1047, 1050 (9th Cir.2002). We review for substantial evidence, see Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s factual determination that Hashemian did not meet her burden of establishing that she had timely filed her asylum application. See 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 427 F.3d 1218, 1221 (9th Cir.2005) (we have jurisdiction to review *484 determinations regarding the one-year asylum bar only “insofar as a petition for review raises constitutional claims or questions of law”).

The BIA and IJ’s determination that Hashemian…

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