Kaur

Kaur v. Mukasey

Good Law
304 F. App'x 602
United States Court of Appeals for the Ninth CircuitDecember 24, 2008No. 05-72239California524 words

Opinion

lead Opinion

MEMORANDUM **

Harvinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order of removal, which adopts and affirms with additions the Immigration Judge’s (“IJ”) denial of Kaur’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We deny the petition for review.

I

The government contends that we lack jurisdiction to consider Kaur’s asylum application because the IJ determined that her application was time-barred, and that decision is not reviewable under 8 U.S.C. § 1158 (a)(3). However, in this case, the government filed a Notice to Appear alleging an entry date that, if accepted as correct, would establish that her asylum petition was not time-barred. The government never amended the Notice to Appear to allege a different entry date and Kaur admitted the alleged date of *604 entry. In a recent case, we confronted the identical situation and determined that the uncontested entry date alleged in the Notice to Appear was conclusive, unless amended by the government, and that we had jurisdiction to review the issue. Hakopian v. Mukasey, 551 F.3d 843 (9th Cir.2008).…

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