United States Ninth Circuit

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Gasparyan v. Holder, 08-73613

Petition for review of the Board of Immigration Appeals' denial of petitioner's asylum application is: 1) dismissed in part, because the underlying facts were in dispute so the Court lacks jurisdiction to review the merits of the Board's determination that petitioner failed to establish extraordinary circumstances to excuse her untimely asylum application; and 2) denied in part, where the Board did not err in failing to consider the three factors set forth 8 CFR section 1208.4(a)(5), because those factors apply only after a petitioner has demonstrated extraordinary circumstances and in any event, the three factors are conjunctive and petitioner's failure to meet the first two factors is dispositive.

Appellate Information

  • Decided 02/20/2013
  • Published 02/20/2013




  • United States Ninth Circuit