Surataliyev v. Holder

331 F. App'x 878
CourtCourt of Appeals for the Second Circuit
DecidedJune 25, 2009
DocketNos. 07-5474-ag (L); 08-2281-ag (Con)
StatusPublished

This text of 331 F. App'x 878 (Surataliyev v. Holder) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Surataliyev v. Holder, 331 F. App'x 878 (2d Cir. 2009).

Opinion

SUMMARY ORDER

Fakhriddin Surataliyev and Mekhrubon Bazarova, natives of the former Soviet Union and citizens of Uzbekistan, seek review of an April 2, 2008 order of the BIA denying their motion to reconsider, In re Fakhriddin Surataliyev, Mekhrubon Bazarova, Nos. A97 515 403/A98 769 488 (B.I.A. Apr. 2, 2008), and a November 7, 2007 order of the BIA affirming the February 15, 2006 decision of Immigration Judge (“IJ”) Sandy K. Horn, denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Fakhriddin Surataliyev, Mekhrubon Bazarova, Nos. A97 515 403/A98 769 488 (B.I.A. Nov. 7, 2007), aff'g Nos. A97 515 403/A98 769 2 488 (Immig. Ct. N.Y. City Feb. 15, 2006). We assume the parties’ familiarity with the underlying facts and procedural history of this case.

I. Direct Appeal

When the BIA adopts the decision of the IJ and supplements the IJ’s decision, we review the decision of the IJ as supplemented by the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir.2005). We review the agency’s factual findings under the substantial evidence standard. 8 U.S.C. § 1252(b)(4)(B); see also Manzur v. U.S. Dep’t of Homeland Sec., 494 F.3d 281, 289 (2d Cir.2007). We review de novo questions of law and the application of law to undisputed fact. See, e.g., Salimatou Bah v. Mukasey, 529 F.3d 99, 110 (2d Cir.2008).

A. Asylum

We lack jurisdiction to review the agency’s finding that an asylum application was untimely or that an asylum applicant established “extraordinary circumstances.” 8 U.S.C. § 1158(a)(3) We nevertheless retain jurisdiction to review “constitutional claims or questions of law.” 8 U.S.C. § 1252(a)(2)(D); see also Xiao Ji Chen v. U.S. Dep’t of Justice, 471 F.3d 315, 330-32 (2d Cir.2006).

Surataliyev argues that: (1) he verbally manifested his intent to file his application within one year of his arrival in the United States; and (2) he should not have been required to comply with the Lozada requirements to present his ineffective assistance of counsel claim

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Related

Bah v. Mukasey
529 F.3d 99 (Second Circuit, 2008)
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509 F.3d 63 (Second Circuit, 2007)
Manzur v. U.S. Department of Homeland Security
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T-Z
24 I. & N. Dec. 163 (Board of Immigration Appeals, 2007)

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Bluebook (online)
331 F. App'x 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/surataliyev-v-holder-ca2-2009.