Sukunu

Sukunu v. Gonzales

Good Law
240 F. App'x 213
United States Court of Appeals for the Ninth CircuitAugust 30, 2007Nos. 06-71824California258 words

Opinion

Lead Opinion

MEMORANDUM *

Ali Sukunu petitions for review of an order of the Board of Immigration Appeals affirming an Immigration Judge’s denial of asylum, withholding of removal, and relief under the Convention Against Torture. We dismiss in part and deny in part. Because the parties are familiar with the facts of the case, we do not recite them here.

We lack jurisdiction to consider the IJ’s determination that Sukunu failed to demonstrate by clear and convincing evidence that he had filed his application within one year of his arrival in the United States. 8 U.S.C. § 1158 (a)(3); Hakeem v. INS, 273 F.3d 812, 815-16 (9th Cir.2001). Sukunu’s appeal to the REAL ID Act fails because his appeal does not present a constitutional claim or a question of law. 8 U.S.C. § 1252 (a)(2)(D). We therefore dismiss this portion of his petition for review.

Substantial evidence supports the IJ’s determination that Sukunu was not credible because of material inconsistencies in his testimony, and that the documents Sukunu offered to support his claims were forgeries. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004); Akinmade v. INS, 196 F.3d 951, 955-56 (9th Cir.1999). As a result, the IJ properly…

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