Battey

Battey v. Muskasey

Good Law
255 F. App'x 262
United States Court of Appeals for the Ninth CircuitNovember 26, 2007No. 04-73473California387 words

Opinion

Lead Opinion

*263 MEMORANDUM ***

John Battey Battey, a native and citizen of Cameroon, petitions pro se for review of the decision of the Board of Immigration Appeals (BIA) summarily affirming the denial by an immigration judge (IJ) of his requests for asylum, withholding of removal, and relief under the Convention Against Torture (CAT).

We lack jurisdiction to review the IJ’s factual determination that Battey Battey did not meet the one-year deadline for filing his asylum application. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007). Accordingly, Battey Battey’s asylum claim is dismissed.

We have jurisdiction under 8 U.S.C. § 1252 to review Battey Battey’s withholding of removal claim and CAT claim because the one-year deadline applies only to the asylum application. See Shire v. Ashcroft, 388 F.3d 1288, 1294 (9th Cir.2004).

Substantial evidence supports the adverse credibility determination. The adverse credibility determination rests in part in inconsistencies between Battey Battey’s asylum application and his testimony regarding the two-year period prior to Battey Battey’s departure from Cameroon. Battey Battey testified that he fled to an island and was in hiding for two…

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