Ashot Ghumanshyan v. Gonzales

Good Law
163 F. App'x 486
United States Court of Appeals for the Ninth CircuitJanuary 12, 2006No. 04-75049; Agency No. A95-179-644California428 words

Opinion

Lead Opinion

*487 MEMORANDUM **

Ashot Ghumanshyan, a native and citizen of Armenia, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) order denying his application for asylum and withholding of removal. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Berroteran-Melendez v. INS, 955 F.2d 1251, 1256 (9th Cir.1992), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s factual determination that Ghumanshyan did not qualify for an exception to the one-year deadline for filing his 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 determinations regarding the one-year asylum bar only “insofar as a petition for review raises constitutional claims or questions of law”).

We lack jurisdiction to consider Ghumanshyan’s contentions that the IJ demonstrated bias and that Ghumanshyan was otherwise denied due process, because he failed to raise them before the BIA. See Sanchez-Cruz v. INS, 255 F.3d 775, 780 (9th Cir.2001)…

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