Chilingaryan

Chilingaryan v. Gonzales

Good Law
171 F. App'x 132
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 04-71651California466 words

Opinion

Lead Opinion

MEMORANDUM **

Andranik Chilingaryan, a native of Azerbaijan and a citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“U”) order denying his applications 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 adverse credibility determinations for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we dismiss in part and deny in part the petition for review.

*133 We lack jurisdiction to review the IJ’s decision denying Chilingaryan’s asylum application as untimely. See Ramadan v. Gonzales, 427 F.8d 1218, 1222 (9th Cir.2005) (holding that the Court lacks jurisdiction to review the agency’s determination that an asylum application was not filed within one year after the last entry into the United States). We also lack jurisdiction to consider Chilingaryan’s due process challenge to the IJ’s timeliness determination because Chilingaryan did not first raise this claim before the BIA. See Agyeman v. INS, 296 F.3d 871, 877 (9th Cir.2002) (“we may not…

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