Sharma
Sharma v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
In these consolidated petitions, Amar Jeet Sharma, a native and citizen of India, seeks review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her applications for withholding of removal and protection pursuant to the Convention Against Torture (“CAT”) and its order denying her motion to reopen proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s denial of withholding of removal and CAT. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). We dismiss in part and deny in part the petition for review in No. 05-73095 and we deny the petition for review in No. 05-75336.
We lack jurisdiction to review the agency’s determination that Sharma’s asylum application was untimely, and that no extraordinary circumstances excused the un *226 timely filing, because the relevant facts are in dispute. See Ramadan v. Gonzales, 479 F.3d 646, 656-57 (9th Cir.2007).
Sharma testified that the Indian police persecuted her because she was married to a man of a different caste, but she failed to mention that in her asylum application. Because…