Mejia Angulo v. Gonzales

MEMORANDUM **

Lead petitioner Manuel Giovanny Mejia Angulo and his wife and children, natives and citizens of Colombia, petition for review of an order of the Board of Immigration Appeals (“BIA”) dismissing their appeal from an immigration judge’s (“IJ”) order denying their applications for asylum and withholding of removal. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . Because the BIA adopted the IJ’s decision, and added reasons of its own, we review both decisions. See Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). Reviewing for substantial evidence, see Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000), we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s factual determination that Mejia Angulo failed to demonstrate extraordinary or changed circumstances to excuse the untimely filing of his asylum application. See 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 427 F.3d 1218, 1221 (9th Cir. 2005) (holding that the court has jurisdiction to review determinations regarding the one-year asylum bar only “insofar as a petition for review raises constitutional claims or questions of law”). Mejia Angulo has…