Macawalang

Macawalang v. Holder

Good Law
320 F. App'x 658
United States Court of Appeals for the Ninth CircuitMarch 26, 2009No. 05-73332California415 words

Opinion

Lead Opinion

MEMORANDUM **

Merry Yosephien Macawalang and her husband, natives and citizens of Indonesia, petition for review of a Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, *660 withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we dismiss in part, deny in part and grant in part the petition for review.

We lack jurisdiction to review the agency’s determination that Macawalang failed to establish extraordinary circumstances to excuse the untimely filing of her asylum application because that finding is based on disputed facts. See 8 U.S.C. § 1158 (a)(8); Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam).

Macawalang did not challenge the agency’s denial of CAT relief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in the opening brief are waived).

Substantial evidence does not support the IJ’s adverse credibility…

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