Luvumbu

Luvumbu v. Keisler

Good Law
249 F. App'x 691
United States Court of Appeals for the Ninth CircuitOctober 2, 2007No. 05-76727California363 words

Opinion

Lead Opinion

MEMORANDUM **

Angelique Lukula Luvumbu, a native and citizen of the Democratic Republic of Congo, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her applications for asylum, withholding of removal, *693 and relief under the Convention Against Torture (“CAT”). We dismiss her petition on the asylum claim for lack of jurisdiction, and deny the petition on withholding of removal and CAT relief.

The BIA held that Luvumbu was ineligible to apply for asylum because she failed to establish that she had filed an asylum application within one year of entering the United States. See 8 U.S.C. § 1158 (a)(2)(B). We lack jurisdiction to review the BIA’s determination of this historical fact. Id. § 1158(a)(8); Ramadan v. Gonzales, 479 F.3d 646, 649-50 (9th Cir. 2007).

The BIA determined that the IJ’s adverse credibility findings were not clearly erroneous. The BIA’s determination is supported by substantial evidence, including evidence that documents submitted by Luvumbu to support her claims had been altered and discrepancies between Luvumbu’s testimony and her brother’s detailed letters…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.