Singh

Singh v. Gonzales

Good Law
175 F. App'x 894
United States Court of Appeals for the Ninth CircuitApril 12, 2006No. 04-72867California340 words

Opinion

Lead Opinion

MEMORANDUM **

Kulwinder Singh, a native of Kuwait and citizen of India, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from an immigration judge’s decision 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 . Reviewing for substantial evidence, Prasad v. INS, 47 F.3d 336, 338-39 (9th Cir.1995), we dismiss in part and deny in part the petition for review.

In the absence of an explicit adverse credibility finding, we take Singh’s testimony as true and further corroboration is not required. See Kataria v. INS, 232 F.3d 1107, 1114 (9th Cir.2000).

We lack jurisdiction to review the agency’s factual determination that Singh’s asylum application was untimely and that he failed to demonstrate extraordinary or changed circumstances to excuse his untimely filing. 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…

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