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Sumilat v. Mukasey

United States Court of Appeals, First Circuit
Feb 15, 2008
264 F. App'x 17 (1st Cir. 2008)

Opinion

No. 07-1784.

February 15, 2008.

On Petition for Review of an Order of the Board of Immigration Appeals.

Yang Wang on brief for petitioner.

Paul Fiorino, Office of Immigration Litigation, Peter D. Keisler, Assistant Attorney General, and Richard M. Evans, Assistant Director, on brief for respondent.

Before BOUDIN, Chief Judge, WALLACE, Senior Circuit Judge, and HOWARD, Circuit Judge.

Of the Ninth Circuit, sitting by designation.


In his petition to this court to review the decision of the Board of Immigration Appeals, Sumilat raises only one issue within our jurisdiction: whether there was substantial evidence to support the Board's finding that Sumilat failed to demonstrate he was eligible for withholding of removal. Substantial evidence supports the Board's decision, and the record does not compel a contrary conclusion. See Wang v. Mukasey, 508 F.3d 80, 83 (1st Cir. 2007). Although Sumilat also disputes the rejection of his asylum claim, the Board's finding that no changed circumstances existed to justify the untimely petition is a factual one over which we lack jurisdiction. 8 U.S.C. § 1158(a)(3); Silva v. Gonzales, 463 F.3d 68, 71-72 (1st Cir. 2006). For the reasons stated by the Board, the petition for review is denied.

It is so ordered.


Summaries of

Sumilat v. Mukasey

United States Court of Appeals, First Circuit
Feb 15, 2008
264 F. App'x 17 (1st Cir. 2008)
Case details for

Sumilat v. Mukasey

Case Details

Full title:Herman Winny SUMILAT, Petitioner, v. Michael B. MUKASEY, Respondent

Court:United States Court of Appeals, First Circuit

Date published: Feb 15, 2008

Citations

264 F. App'x 17 (1st Cir. 2008)