Medina Nova v. Mukasey

MEMORANDUM **

Oscar Ronaldo Medina Nova and his wife, natives and citizens of Guatemala and Mexico respectively, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing them appeal from an immigration judge’s decision denying their applications for asylum, withholding of removal and cancellation of removal, and denying their motion to remand (No. 04-75475), and the BIA’s order denying their motion to reopen (No. 05-72040). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual determinations, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), for abuse of discretion denials of motions to remand and reopen, Castillo-Perez v. INS, 212 F.3d 518, 523 (9th Cir.2000), and de novo claims of due process violations. Id. We dismiss in part and deny in part the petition for review in No. 04-75475, and we deny in part and dismiss in part the petition for review in No. 05-72040.

We lack jurisdiction to review the agency’s determination that extraordinary circumstances did not excuse petitioners’ untimely filed asylum application because the decision was based on disputed facts. See…