Segura-Pacheco

Segura-Pacheco v. Gonzales

Good Law
217 F. App'x 642
United States Court of Appeals for the Ninth CircuitJanuary 11, 2007No. 04-72311California428 words

Opinion

Lead Opinion

MEMORANDUM ***

Francisco Javier Segura-Pacheco (“Segura-Pacheco”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ decision affirming an Immigration Judge’s (“IJ”) denial of his *644 application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). To the extent that we have jurisdiction, it is conferred by 8 U.S.C. § 1252 (a)(1). We grant in part the petition for review and remand for reconsideration of Segura-Pacheco’s withholding claim.

We lack jurisdiction to review the IJ’s denial of Segura-Pacheco’s asylum application as untimely. See 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 427 F.3d 1218, 1221-22 (9th Cir.2005) (holding that this court lacks jurisdiction to review the agency’s determination that an asylum application was not filed within one year after the last entry into the United States and does not satisfy the exception for “changed circumstances”). We therefore dismiss this portion of the petition for review.

The IJ found Segura-Pacheco ineligible for withholding of removal because he failed to report his past persecution to a government authority. This court, however, has recently…

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