Torosyan
Torosyan v. Mukasey
Opinion
lead Opinion
MEMORANDUM ***
Vrezh Torosyan, a native of Iran and citizen of Armenia, petitions for review of *749 the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”), and the BIA’s order denying his motion to reopen. To the extent we have jurisdiction it is under 8 U.S.C. § 1252 . We review findings of fact for substantial evidence, Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003), and review the denial of a motion to reopen for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We dismiss in part and grant in part the petition for review in No. 03-70474, and deny the petition for review in No. 05-71669.
We lack jurisdiction to review the agency’s determination that Torosyan’s asylum application was untimely and that no extraordinary circumstances excused the untimely filing. See Ramadan v. Gonzales, 479 F.3d 646, 656-57 (9th Cir.2007).
Substantial evidence does not support the credibility finding. Contrary to the IJ’s finding, Torosyan correctly identified the leader of the Baha’i faith…