Nortikyan

Nortikyan v. Gonzales

Good Law
168 F. App'x 813
United States Court of Appeals for the Ninth CircuitFebruary 22, 2006No. 04-73184California354 words

Opinion

Lead Opinion

MEMORANDUM **

Sahak Nortikyan, a native of Syria and citizen of Armenia, and his wife, Azniv Mosinyan, a native and citizen of Armenia, petition for review of the order of the Board of Immigration Appeals (“BIA”), affirming an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for substantial evidence the determination of an applicant’s eligibility for withholding of removal. See Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that extraordinary circumstances prevented petitioners from filing their asylum application within one year of entering the United States. See 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 427 F.3d 1218, 1222 (9th Cir.2005).

Petitioners’ evidence does not compel the conclusion that they are eligible for withholding of removal because they did not establish that it is more likely than not that they would be persecuted on account of an enumerated ground if…

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