Mohamed v. Gonzales
Mohamed v. Gonzales
Opinion of the Court
MEMORANDUM
We lack jurisdiction to review the Immigration Judge’s determination that Mohamed’s asylum application is time barred and accordingly we dismiss the petition for review as to the asylum claim.
We review for substantial evidence the Immigration Judge’s decision to deny withholding of removal.
Mohamed has also failed to show that it is more likely than not he would be tortured if he were removed to Bangladesh, and thus does not qualify for withholding of removal under the Convention Against Torture.
Mohamed is not statutorily eligible for cancellation of removal because he failed to establish ten years of continuous physical presence.
Finally, the BIA’s summary affirmance of the Immigration Judge’s decision was proper. A single board member can summarily affirm either when “[t]he issue on appeal is squarely controlled by existing Board or federal court precedent and does not involve the application of precedent to a novel factual situation” or “[t]he factual and legal questions raised on appeal are so insubstantial that three-member review is not warranted.”
PETITION DISMISSED in part and DENIED in part.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. See Hakeem v. INS, 273 F.3d 812, 815-816 (9th Cir. 2001); 8 U.S.C. § 1158(a)(3).
. Id. at 816.
. Id.
. 8 C.F.R. § 208.16(c)(2).
. 8 U.S.C. § 1229b(b)(l)(A).
. 8 U.S.C. § 1229b(d)(2).
. 8 C.F.R. § 1003.1(a)(7)(A) and (B).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.