Pablo-Ortiz

Pablo-Ortiz v. Gonzales

Good Law
186 F. App'x 763
United States Court of Appeals for the Ninth CircuitJune 21, 2006No. 04-74098California319 words

Opinion

Lead Opinion

MEMORANDUM **

Benito Pablo-Ortiz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s decision pretermitting his application for asylum, and denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . Reviewing for substantial evidence, Kasnecovic v. Gonzales, 400 F.3d 812, 813 (9th Cir.2005), we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s denial of Pablo-Ortiz’s asylum application as untimely. See 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 427 F.3d 1218,1222 (9th Cir.2005) (holding that this court lacks jurisdiction to review the agency determination that asylum application was not filed within one year after the last entry into the United States and no “changed circumstances” excused late filing).

Substantial evidence supports the BIA’s determination that Pablo-Ortiz failed to establish eligibility for withholding of removal because he conceded that he was never personally targeted or threatened in any way by the…

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