Adenwala

Adenwala v. Holder

Good Law
341 F. App'x 307
United States Court of Appeals for the Ninth CircuitJuly 20, 2009No. 06-75063California839 words

Opinion

Lead Opinion

MEMORANDUM ***

Muhammad Bilal Adenwala, a native of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order (1) denying his motion for an adjustment of ■ status, (2) dismissing his appeal from the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal, 1 and (3) dismissing his appeal challenging the constitutionality of his removal proceedings. Our jurisdiction stems from 8 U.S.C. § 1252 , and we dismiss in part and deny in part.

First, we lack jurisdiction to review the BIA’s discretionary denial of an adjustment of status, and Adenwala does not claim that this denial was a violation of his constitutional rights or an unlawful abuse of discretion. 8 U.S.C. § 1252 (a)(2)(B)®; Hosseini v. Gonzales, 471 F.3d 953, 956-57 (9th Cir.2006). Because the BIA denied an adjustment of status under its discretionary powers under 8 U.S.C. § 1255 , we dismiss this portion of Adenwala’s petition.

Second, Adenwala concedes that he failed to file his petition for asylum within one year of his arrival date in the United States, as required by 8 U.S.C. § 1158 (a)(2)(B). Therefore, he must show “either the existence of changed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.