Bukhari

Bukhari v. Gonzales

Good Law
176 F. App'x 722
United States Court of Appeals for the Ninth CircuitApril 10, 2006No. 04-74966California393 words

Opinion

Lead Opinion

MEMORANDUM **

Syeda Bukhari, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) order denying her applications for cancellation of removal, 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 dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that Bukhari failed to demonstrate exceptional and *723 extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). Moreover, Bukhari’s contention that the IJ denied her due process by not considering the facts of her case in the aggregate, and by misapplying case law, is merely a challenge to the hardship determination. See id. at 930 . We therefore dismiss this portion of the petition for review.

We review for substantial evidence an adverse credibility determination. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). Substantial evidence supports the agency’s conclusion that Bukhari lacked credibility because her…

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.