Javier-Huaman

Javier-Huaman v. Mukasey

Good Law
269 F. App'x 776
United States Court of Appeals for the Ninth CircuitMarch 12, 2008No. 05-70316California307 words

Opinion

lead Opinion

MEMORANDUM **

Marciana Javier-Huaman, a native and citizen of Peru, petitions for review of an *777 order of the Board of Immigration Appeals (“BIA”) dismissing her appeal from an immigration judge’s (“IJ”) decision denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s factual determination that JavierHuaman failed to meet her burden of demonstrating by clear and convincing evidence that she filed an application for asylum within one year of her last entry into the United States. See 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007) (per curiam).

We lack jurisdiction to consider JavierHuaman’s contention that the IJ demonstrated bias because she failed to exhaust that contention before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (noting that due process challenges that are “procedural in nature” must be exhausted).

Javier-Huaman’s contention that the BIA violated her right to due process is not colorable. See…

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