Sidhu

Sidhu v. Gonzales

Good Law
196 F. App'x 608
United States Court of Appeals for the Ninth CircuitAugust 7, 2006No. 05-70152California424 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Jaswinder Kaur Sidhu seeks review of an order of the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s (IJ) denial of her petition for asylum, withholding of removal and relief under the Convention Against Torture. The parties are familiar with the facts and we do not repeat them here.

I

To be eligible for asylum, an alien must demonstrate by clear and convincing evidence that “the application has been filed within [one] year after the date of the alien’s arrival in the United States.” 8 U.S.C. § 1158 (a)(2)(B). No court has jurisdiction to review a determination by the Attorney General under this section. § 1158(a)(3). The IJ determined that Sidhu failed to present clear and convincing evidence that her application was timely; the BIA expressly found that the IJ had correctly determined that Sidhu’s application was time barred. We lack jurisdiction to review this determination. Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).

II

The IJ’s determination that Sidhu was not credible is supported by substantial evidence. The IJ based the adverse credibility determination on her finding that Sidhu was “completely unresponsive” when…

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