United States Ninth Circuit

In a petition for review of the BIA's denial of petitioner's asylum application, the petition is denied where: 1) because the court could not discover a sufficiently meaningful standard for evaluating the BIA's decision rejecting an untimely brief, it lacked jurisdiction to review petitioner's claim that the BIA abused its discretion in doing so; and 2) the proceedings were not so fundamentally unfair that petitioner was prevented from reasonably presenting his case.

Appellate Information

• Argued 10/09/2009
• Decided 02/18/2010
• Published 02/18/2010

Judges

• Before CYNTHIA HOLCOMB HALL and RICHARD C. TALLMAN, Circuit Judges, and DAVID M. LAWSON,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Niels W. Frenzen, Esq. (argued), University of Southern California Law School Immigration Clinic, Los Angeles, CA, for petitioner Zetino.


• For Appellees:
  
• Sunah Lee, Esq. (argued), U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, D.C., Ronald E. LeFevre, Esq., Department of Homeland Security, Office of the District Counsel, Los Angeles, CA, for respondent Attorney General Holder.