Kaur
Kaur v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Harpal Kaur, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals denying her application for asylum, withholding of removal, and relief under the Convention Against Torture. Kaur contends that the Immigration Judge improperly dis *961 missed her asylum application as untimely. Regarding her withholding of removal and Convention Against Torture claims, Kaur contests the IJ’s adverse credibility ruling and contends that the IJ erred by not finding past persecution and a well-founded fear of future persecution. We dismiss the petition in part, and deny it in part.
We dismiss Kaur’s asylum claim because we lack jurisdiction to review the factual question that was determinative of the one-year bar issue. The IJ denied Kaur’s asylum claim because she failed to provide clear and convincing evidence that her application for asylum was filed within one year of arrival in the United States. See 8 U.S.C. § 1158 (a)(2)(B). Before the passage of the Real ID Act of 2005, Pub.L. No. 109-13, Div. B, 119 Stat. 302 , 303, we were prevented by statute from reviewing agency determinations of the one-year bar. 8 U.S.C. § 1158 (a)(3).…