Saqib

Saqib v. Holder

Good Law
312 F. App'x 900
United States Court of Appeals for the Ninth CircuitFebruary 20, 2009No. 07-73395California432 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Saleem Ullah Saqib appeals the Board of Immigration Appeals’ denial of his petition for asylum, withholding of removal, and protection under the Convention Against Torture. He argues that the Board erred in concluding that his mental illness did not constitute “extraordinary circumstances” such as to excuse his untimely asylum petition, and that the Board erred in affirming the immigration judge’s (“IJ’s”) adverse credibility determination.

The facts of this case are familiar to the parties, and we do not repeat them here. We review adverse credibility findings of the Board under the substantial evidence standard — thus, “the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B); INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We review questions of law de novo. De Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004).

*902 Where, as here, the facts underlying the Board’s determination on “extraordinary circumstances” are undisputed, we have jurisdiction to review the Board’s decision denying a petitioner’s…

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