Jianhong Ma v. Mukasey

MEMORANDUM *

Jianhong Ma and husband Hong Duan, Chinese natives and citizens, petition for review of the Board of Immigration Appeals’s decisions affirming the Immigration Judge’s decision denying their applications for asylum and withholding of removal.

Ma asserts that the IJ erred by not properly applying the “ ‘extraordinary circumstances’ ” exception to the one-year filing deadline for her asylum application, thus committing a due process violation. See 8 C.F.R. § 1208.4 (a)(2), (a)(5)(iv); see generally 8 U.S.C. § 1158 (a)(2)(B), (a)(2)(D). We have no jurisdiction to review this timeliness issue because the IJ concluded that the asylum application was time-barred after resolving a factual dispute related to the validity of Ma’s visa status. See Sillah v. Mukasey, 519 F.3d 1042, 1043-44 (9th Cir.2008) (per curiam); cf. Husyev v. Mukasey, 528 F.3d 1172, 1179 (9th Cir.2008); Ramadan v. Gonzales, 479 F.3d 646, 648, 654 (9th Cir.2007) *424 (per curiam), reh’g and reh’g en bane denied by Ramadan v. Keisler, 504 F.3d 973 (9th Cir.2007). This is in contrast to Dhital v. Mukasey, 532 F.3d 1044, 1049-50 (9th Cir.2008), where the legal argument was not dependent on the outcome of a…