Waqa

Waqa v. Mukasey

Good Law
271 F. App'x 633
United States Court of Appeals for the Ninth CircuitMarch 25, 2008No. 05-70612California302 words

Opinion

Lead Opinion

MEMORANDUM **

Varanisese Waqa and her family are natives and citizens of Fiji. They petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from the immigration judge’s (“IJ”) decision denying them applications for asylum and withholding of removal. Our jurisdiction is governed by, 8 U.S.C. § 1252 . We review for substantial evidence, Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002), and we dismiss in part, and deny in part.

We lack jurisdiction to review the BIA’s finding that changed circumstances did not excuse the Waqas’ untimely filed asylum application because it was based on disputed facts. See Ramadan v. Gonzales, 479 F.3d 646, 650, 656-57 (9th Cir.2007).

*634 The record does not compel the conclusion that the Waqas’ untimely filing due to the ignorance of the law should be excused because of extraordinary circumstances. See 8 C.F.R. § 1208.4 (a)(5).

Substantial evidence supports the BIA’s finding that the Waqa family failed to show that it is more likely than not that they will be harmed on account of their political opinion, ethnicity, gender, and/or religion if removed to Fiji. See Hoxha v. Ashcroft, 319 F.3d 1179,…

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