Tehrani

Tehrani v. Gonzales

Good Law
177 F. App'x 753
United States Court of Appeals for the Ninth CircuitApril 27, 2006No. 04-73470California297 words

Opinion

lead Opinion

MEMORANDUM **

Badri Tehrani and her husband, natives and citizens of Iran, petition for review of an order of the Board of Immigration Appeals (“BIA”) affirming, without opinion, an immigration judge’s (“IJ”) decision denying their 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 purely legal questions de novo, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and the agency’s factual findings for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), we dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Tehrani’s contentions regarding the one-year deadline for filing her asylum application, as well as her contentions that the IJ committed legal error and denied her due process, as Tehrani, represented by counsel, failed to raise these contentions before the BIA. See Zara v. Ashcroft, 383 F.3d 927, 930-31 (9th Cir.2004); see also Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

The IJ based her adverse credibility determination on significant omissions in…

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