Narrative Opinion Summary
The case involves an individual's petition for review of the Board of Immigration Appeals' decision, which upheld the denial of asylum, withholding of removal, and protection under the Convention Against Torture. The petitioner, having failed to file the asylum application within one year of arrival in the United States as required by 8 U.S.C. 1158(a)(3), faced a jurisdictional bar preventing the court from reviewing this aspect of the Immigration Judge's decision. Moreover, the petitioner's appeal under the REAL ID Act was dismissed, as it failed to present any constitutional issue or question of law, which are necessary for appellate jurisdiction. The Immigration Judge's adverse credibility finding, based on substantial evidence of inconsistencies and forged documents, led to the conclusion that the petitioner did not meet the burden of proof for withholding of removal or relief under the Convention Against Torture. The court's decision results in the partial dismissal and partial denial of the petition, with the ruling not intended for publication or as precedent except as allowed by 9th Cir. R. 36-3.
Legal Issues Addressed
Jurisdiction over Asylum Application Timelinesssubscribe to see similar legal issues
Application: The court lacks jurisdiction to review the Immigration Judge's determination regarding the timeliness of Sukunu's asylum application under 8 U.S.C. 1158(a)(3).
Reasoning: The court lacks jurisdiction to review the IJ's ruling regarding Sukunu's failure to prove he filed his application within one year of his arrival in the U.S. under 8 U.S.C. 1158(a)(3).
REAL ID Act and Jurisdictionsubscribe to see similar legal issues
Application: Sukunu's appeal under the REAL ID Act is dismissed as it failed to present a constitutional issue or a question of law, thus not meeting the jurisdictional requirements for review.
Reasoning: Additionally, Sukunu's appeal under the REAL ID Act was rejected because it did not raise a constitutional issue or a question of law, leading to the dismissal of that portion of his petition.
Standard of Review for Credibility Determinationssubscribe to see similar legal issues
Application: The IJ's adverse credibility finding was supported by substantial evidence, including inconsistencies in testimony and forged documents, justifying the denial of withholding of removal and relief under the Convention Against Torture.
Reasoning: The IJ's finding of Sukunu's lack of credibility was supported by substantial evidence, including material inconsistencies in his testimony and the presentation of forged documents.