Salazar-Juarez

Salazar-Juarez v. Gonzales

Good Law
182 F. App'x 653
United States Court of Appeals for the Ninth CircuitMay 15, 2006No. 03-73839California526 words

Opinion

Lead Opinion

MEMORANDUM ***

Victor Hugo Salazar-Juarez, a native and citizen of Guatemala, appeals the Board of Immigration Appeals’ (“BIA”) denial of his applications for asylum and withholding of removal under the Immigration and Nationality Act (“INA”) and the Convention Against Torture (“CAT”). We dismiss his asylum claim for lack of jurisdiction and deny his petition for review regarding his remaining claims.

Salazar-Juarez first argues that the untimeliness of his asylum petition should be excused because he entered the United States at the age of eighteen alone, with no family to help or support him. However, “[o]ur jurisdiction to review a rejection of an asylum application as untimely ... is precluded by statute.” Lanza v. Ashcroft, 389 F.3d 917, 924 (9th Cir.2004); see also 8 U.S.C. § 1158 (a)(3). We also “lack jurisdiction to review the BIA’s determination that no ‘extraordinary circumstances’ excused [a] Petitioner’s untimely filing of his application for asylum.” Molino-Estrada v. I.N.S., 293 F.3d 1089, 1093 (9th Cir.2002) (quoting 8 U.S.C. § 1158 (a)(2)(D)).

Having concluded that this court lacks jurisdiction to review Salazar-Juarez’s asylum claim, we turn to his argument…

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