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United States First Circuit


Hana v. Gonzales, 06-2137

Petition for review of a denial of applications for asylum, withholding of removal and protection under the Convention Against Torture is denied where: 1) petitioner did not point to a legal or constitutional defect in the decision that there were no extraordinary circumstances justifying his delayed application for asylum, thus the panel has no jurisdiction to review the denial; 2) the judicial review bar does not represent a due process violation; and 3) the BIA's findings that petitioner failed to show that he was likely to face persecution or torture upon return to his home country were supported by substantial evidence.

Appellate Information

  • Decided 09/17/2007
  • Published 09/18/2007

Judges

  • LIPEZ, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Peter A. Allen, on brief, for petitioner.

  • For Appellees:
  • Siu P. Wong, Office of Immigration Litigation Trial Attorney, Peter D. Keisler, Assistant Attorney General, and Terri J. Scandron, Office of Immigration Litigation Assistant Director, on brief, for respondent.
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