Singh
Singh v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Nirmal Singh and his wife, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying them application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”), and denying their motion to remand to the IJ. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007), and we grant the petition for review in part, dismiss it in part, and remand.
We lack jurisdiction to review the agency’s determination that Singh’s asylum application was untimely, and that no extraordinary circumstances excused the untimely filing, because relevant facts concerning Singh’s contractual arrangement with the immigration consultant are in dispute. See Ramadan v. Gonzales, 479 F.3d 646, 656-57 (9th Cir.2007) (per curiam).
We also lack jurisdiction over petitioners’ due process claim because it was not exhausted before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (explaining that procedural due process claims must be exhausted).