Kalsi
Kalsi v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Jonny Kalsi, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an Immigration Judge’s (“IJ”) order pretermitting his application for asylum and denying his applications for withholding of removal and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction it is pursuant to 8 U.S.C. § 1252 . Because the BIA reviewed the IJ’s decision de novo and did not expressly adopt the IJ’s decision, our review is limited to the BIA’s decision. See Shah v. INS, 220 F.3d 1062,1067 (9th Cir.2000). We review for substantial evidence the BIA’s factual determinations regarding eligibility for relief. See Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir.1995). We dismiss in part, grant in part and deny in part the petition for review, and remand for further proceedings.
We lack jurisdiction to review the BIA’s determination that Kalsi failed to file a timely asylum application and that no extraordinary circumstances excused the untimely filing of his application. See Ramadan v. Gonzales, 427 F.3d 1218, 1222 (9th Cir.2005).