Alseecy

Alseecy v. Gonzales

Good Law
241 F. App'x 450
United States Court of Appeals for the Ninth CircuitAugust 22, 2007No. 06-70808California430 words

Opinion

Lead Opinion

MEMORANDUM **

Khalid Mohamed Alseecy, a native and citizen of Egypt, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”).

We have jurisdiction to review the BIA’s determination that Alseecy did not qualify for an exception to the one-year deadline for filing an asylum application, because Alseecy’s contention that extraordinary circumstances excuse his late filing raises mixed questions of law and fact. 8 U.S.C. § 1252 (a)(2)(D); Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007). Because Alseecy intentionally caused the delay through his actions and inactions, we conclude that his asylum claim is time-barred. See 8 C.F.R. § 1208.4 (a)(5).

We have jurisdiction over Alseecy’s withholding of removal and CAT claims pursuant to 8 U.S.C. § 1252 , and review for substantial evidence. Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). We review de novo claims of due process violations. Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003).

Substantial evidence…

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