Maung Than Htike Aung v. Holder

MEMORANDUM **

Maung Than Htike Aung petitions for review of the denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is under 8 U.S.C. § 1252 , and we deny the petition.

We do not have jurisdiction to review the Immigration Judge’s (“IJ”) determination that Aung’s untimely asylum application is not excused by extraordinary circumstances. This court has jurisdiction to review an agency’s determination of extraordinary circumstances as to questions of law and constitutional claims. Husyev v. Mukasey, 528 F.3d 1172, 1178 (9th Cir.2008). Questions of law include mixed questions of law and fact such as those which involve “the application of statutes and regulations to undisputed facts.” Id. However, here whether Aung had a mental impairment that prevented him from filing his application was a disputed fact. Thus, we do not have jurisdiction to review the determination.

Although we are precluded from reviewing the denial of Aung’s asylum application, that bar does not extend to his requests for withholding of removal or CAT protection. We conclude, however, that because the…