Lama

Lama v. Mukasey

Good Law
286 F. App'x 366
United States Court of Appeals for the Ninth CircuitJuly 8, 2008Nos. 04-75343, 05-71216California447 words

Opinion

Lead Opinion

MEMORANDUM **

Lead petitioner Maiya Lama and her husband, Bimal Lama, natives and citizens of Nepal, petition for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying their application for asylum and withholding of removal, and of the BIA’s denial of their motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s denial of petitioners’ claims on the basis of an adverse credibility finding, Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003), and review for abuse of discretion the denial of a motion to reopen, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). In No. 04-75343 we dismiss in part and deny in part the petition for review. In No. 05-71216 we deny the petition for review.

We lack jurisdiction to review petitioners’ contention that translation problems at the merits hearing violated their due process rights, because they did not exhaust their administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 676 (9th Cir.2004).

We also lack jurisdiction to consider petitioners’ contention that the untimely filing of their asylum application is…

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