Ayanian

Ayanian v. Gonzales

Good Law
165 F. App'x 520
United States Court of Appeals for the Ninth CircuitJanuary 17, 2006No. 03-73270California415 words

Opinion

Lead Opinion

*521 MEMORANDUM **

Nshan Ayanian, a native and citizen of Armenia, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“U”) order denying his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . Because the BIA did not disagree with any part of the IJ’s decision but instead cited Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994), we review the IJ’s reasons as the BIA’s. See Tchoukhrova v. Gonzales, 404 F.3d 1181, 1188 (9th Cir.2005). We review for substantial evidence, see Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir.2004), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Ayanian failed to show he filed for asylum within one year of entering the United States or that extraordinary circumstances excused the late filing. See Ramadan v. INS, 427 F.3d 1218, 1222 (9th Cir.2005); 8 U.S.C. §§ 1158 (a)(2)(B), (a)(3).

Substantial evidence supports the IJ’s denial of withholding of removal because Ayanian failed to…

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