United States Eleventh Circuit

As petitioner application for asylum was filed 21 days after the one-year deadline, the court lacks jurisdiction to review the denial of asylum application. However, request for reconsideration of denial of request for withholding of removal is granted as petitioner's kidnapping, physical assaults, and threatening phone calls rise to the level of persecution.

Appellate Information

• Decided 12/21/2006
• Published 12/21/2006

Judges

• FAY, Circuit Judge:, Before PRYOR, FAY and REAVLEY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Roberto Matus, Roberto Matus, P.A., Miami, FL, for Ruiz.


• For Appellees:
  
• Kathleen M. Salyer, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, David V. Bernal, Jamie M. Dowd, U.S. Dept of Justice, OIL, Washington, DC, for Respondent.