Francisco-Juan

Francisco-Juan v. Mukasey

Good Law
308 F. App'x 136
United States Court of Appeals for the Ninth CircuitJanuary 13, 2009No. 06-70710California470 words

Opinion

Lead Opinion

MEMORANDUM **

Florencia Francisco-Juan petitions pro se for review of the Board of Immigration Appeals’ (“BIA’s”) order dismissing her appeal from an immigration judge’s (“IJ’s”) order denying her application for *137 asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Because the BIA adopted “the decision of the IJ, we review the IJ’s decision as if it were that of the BIA.” Abebe v. Gonzales, 432 F.3d 1037, 1039-41 (9th Cir.2005) (en banc). We dismiss in part and deny in part the petition for review.

The BIA dismissed Francisco-Juan’s asylum petition as untimely. We lack jurisdiction to review Francisco-Juan’s claim that deteriorating conditions in Guatemala constitute “changed circumstances” that would excuse her delay because it turns on disputed facts. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per cu-riam). We also lack jurisdiction to review Francisco-Juan’s claim that her inability to find an Kanjobal translator in Nebraska constitutes an “extraordinary circumstance” because it turns on disputed facts. See Dhital v. Mukasey, 532 F.3d 1044, 1049 (9th Cir.2008); Husyev v.…

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