Heydemans v. Gonzales ( 2006 )

Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 05-2529
MERSSI HEYDEMANS,
Petitioner,
v.
ALBERTO R. GONZALES, ATTORNEY GENERAL,
Respondent.
ON PETITION FOR REVIEW OF AN ORDER OF
THE BOARD OF IMMIGRATION APPEALS
Before
Selya, Circuit Judge,
Campbell, Senior Circuit Judge,
and Lipez, Circuit Judge.
Merssi Heydemans on brief pro se.
Peter D. Keisler, Assistant Attorney General, Greg D. Mack,
Senior Litigation Counsel, and Jeffrey A. McLellan, Trial Attorney,
on brief for appellee.
August 31, 2006
Per Curiam. Merssi Heydemans seeks review of a Board of
Immigration Appeals (BIA) order affirming a decision by an
immigration judge (IJ) that found him ineligible to apply for
asylum and denied his application for withholding of removal and
protection under the Convention Against Torture. For the following
reasons, we deny his petition for review.
1. We lack jurisdiction to review the IJ's determination
that Heydemans is ineligible for asylum because his application
seeking asylum was untimely and he did not qualify for an
exception. Hayek v. Gonzales, 445 F.3d 501, 506-07 (1st Cir. 2006)
(per curiam).
2. In its decision dated September 15, 2005, the BIA
adopted and affirmed the IJ's decision dated April 14, 2004, and so
we review the reasoning in the IJ's decision. Id. at 506. The IJ
relied on the correct legal standards, and substantial evidence of
record supports her decision (she described that evidence in her
decision, and we do not repeat it here). Accordingly, the decision
to deny the application for withholding of removal and protection
under the Convention Against Torture must be upheld. Cf. Nikijuluw
v. Gonzalez, 427 F.3d 115, 122 (1st Cir. 2005) (sustaining the
denial of an asylum claim by an Indonesian Christian whose church
had been burned down because his church was being rebuilt, his
Christian family members continued to live safely in Indonesia, and
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the country conditions report confirmed that anti-Christian
violence had declined significantly).
3. Heydemans offers new materials to support his
petition, but we may not consider them because our review is
limited to the materials in the appellate record. See 8 U.S.C. §
1252(b)(4)(A).
The petition for review is denied.
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