Al Dhanebi v. Mukasey

MEMORANDUM **

Ali Mohammed Moqbel AI Dhanebi, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) (No. OS-74866), and the BIA’s order denying Al Dhanebi’s motion to reopen proceedings (No. 05-77120). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding, Gui v. INS, 280 F.3d 1217 , 1225 (9th Cir.2002), and the factual findings underlying the denial of withholding, Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir.1995), and CAT protection, Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir. 2003). We review the denial of a motion to reopen for abuse of discretion. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir .2005).

We lack jurisdiction to review the agency’s determination that Al Dhanebi failed to establish extraordinary or changed circumstances to excuse the late filing of his asylum application and failed to show that he filed the application within a…