Lopez

Lopez v. Gonzales

Good Law
173 F. App'x 632
United States Court of Appeals for the Ninth CircuitApril 5, 2006No. 04-72586California332 words

Opinion

Lead Opinion

MEMORANDUM **

Rosario Lopez and her children Maria Pedro-Lopez and Zacarías Sebastian-Jimenes file a petition for review challenging the denial of their asylum claims. Because the IJ committed no legal error with respect to those issues over which we have jurisdiction, and because we lack jurisdiction to consider the remaining elements of the IJ’s decision, we deny in part and dismiss in part.

The IJ denied the petitioners’ asylum claims because they failed to file their application within one year of arriving in the United States, as required by 8 U.S.C. § 1158 (a)(2)(B). The petitioners argue, however, that they should be exempted from this requirement under the “changed or extraordinary circumstances” exception. See 8 U.S.C. § 1158 (a)(2)(D).

We lack jurisdiction to consider whether the IJ erred in evaluating the petitioners’ factual circumstances and concluding that the petitioners were ineligible for relief under the exception. See Ramadan v. Gonzales, 427 F.3d 1218, 1221-22 (9th Cir. 2005). We do have jurisdiction over non-discretionary legal issues relating to the IJ’s factual determination, including whether the IJ contravened the petitioners’ due process rights or…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.