Lal

Lal v. Holder

Good Law
312 F. App'x 855
United States Court of Appeals for the Ninth CircuitFebruary 19, 2009No. 07-73406California563 words

Opinion

Lead Opinion

MEMORANDUM *

Parshotam Lai, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and protection under the Convention Against- Torture (“CAT”) and denying his motion to supplement the record. To the extent we have jurisdiction over this appeal, it is granted by 8 U.S.C. § 1252 . We review the agency’s factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We review the BIA’s denial of a motion to remand for an abuse of discretion. Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We review claims of due process violations de novo. Ibarm-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

Lai does not dispute that he filed his asylum application more than one year after he arrived in the United States. Because he demonstrated no changed circumstances that would excuse the untimely filing, he is ineligible for asylum. 8 U.S.C. § 1158 (a)(2)(B), (D); Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007) (per…

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