Gianni

Gianni v. Gonzales

Good Law
245 F. App'x 611
United States Court of Appeals for the Ninth CircuitAugust 14, 2007No. 05-70616California392 words

Opinion

Lead Opinion

MEMORANDUM **

1. We have jurisdiction to review the BIA’s finding that the Giannis have not satisfied an exception to the one-year filing deadline for asylum applications. See Ramadan v. Gonzales, 479 F.3d 646, 655-58 (9th Cir.2007) (per curiam); see also 8 U.S.C. § 1158 (a)(2)(B), (D). The record does not compel the conclusion that the Giannis established changed or extraordinary circumstances to excuse the late filing of their asylum applications. See Ramadan, 479 F.3d at 658 . A regime change in Argentina occurred several months before the one-year deadline expired. The Giannis’ claim that they detrimentally relied on the legal advice of a Catholic priest is insufficient to establish ineffective assistance of counsel for purposes of the extraordinary circumstances exception, see 8 C.F.R. § 1208.4 (a)(5)(iii), because there is no indication in the record that the Giannis thought the priest was a lawyer or that he held himself out as one. Cf. Barroso v. Gonzales, 429 F.3d 1195, 1197 (9th Cir.2005) (unlicensed “notario” convinced petitioner that he was a lawyer); Albillo-DeLeon v. Gonzales, 410 F.3d 1090, 1094 (9th Cir.2005) (same).

2. The record does not establish past…

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