Aroyan

Aroyan v. Gonzales

Good Law
183 F. App'x 634
United States Court of Appeals for the Ninth CircuitJune 5, 2006No. 03-73565California1,276 words

Opinion

Lead Opinion

MEMORANDUM ***

Serzhik Aroyan, a native and citizen of Armenia, and his spouse, Gayane Aroyan, a native and citizen of Armenia, (hereinafter referred to together as “Aroyan”) petition for review of the decision of the Board of Immigration Appeals (BIA) summarily affirming the decision of the immigration judge (IJ) denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Aroyan claims persecution on account of his political opinion. In his asylum application, he states that he fears persecution from members of the Yerkrapah organization for his opposition to their illegal activities. We dismiss the petition in part and grant in part.

A. Asylum

We lack jurisdiction to consider the BIA’s decision that Aroyan is ineligible for asylum under the one-year bar, and that no “extraordinary circumstances” excused Aroyan’s untimely filing of his asylum application. See 8 U.S.C. § 1158 (a)(2)(B); Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002).

B. Withholding of Removal

We have jurisdiction under 8 U.S.C. § 1252 to review Aroyan’s withholding of removal claim, which is not time-barred. We review for substantial…

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