Supit

Supit v. Mukasey

Good Law
302 F. App'x 613
United States Court of Appeals for the Ninth CircuitDecember 2, 2008No. 05-75380California352 words

Opinion

lead Opinion

MEMORANDUM **

Vonny Mieke Supit, her husband, Pier-son Figuhr Sangari, and their minor children, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their application for cancellation of removal, asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo questions of law, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We deny the petition for review.

Substantial evidence supports the BIA’s finding that Supit did not establish her continuous presence for the period required under 8 U.S.C. § 1229b(b)(l). See Lagandaon v. Ashcroft, 383 F.3d 983, 992, n. 10 (9th Cir.2004) (noting that a leap year shall still be counted as one year). Therefore, Supit’s cancellation of removal claim fails.

The record does not compel the conclusion that Supit presented extraordinary circumstances to excuse her untimely filed asylum application. See 8 C.F.R. § 1208.4 (a)(5).…

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