Sumilat v. Mukasey

Not for Publication in West's Federal Reporter
United States Court of Appeals
For the First Circuit
________________
No. 07-1784
HERMAN WINNY SUMILAT,
Petitioner,
v.
MICHAEL B. MUKASEY,
Respondent.
_________________
ON PETITION FOR REVIEW OF AN ORDER
OF THE BOARD OF IMMIGRATION APPEALS
_____________________
Before
Boudin, Chief Judge.
Wallace,* Senior Circuit Judge,
and Howard, Circuit Judge.
_________________
Yang Wang on brief for petitioner.
Paul Fiorino, Office of Immigration Litigation, Peter D.
Keisler, Assistant Attorney General, and Richard M. Evans,
Assistant Director, on brief for respondent.
February 15, 2008
*
Of the Ninth Circuit, sitting by designation.
Per Curiam. In his petition to this court to review the
decision of the Board of Immigration Appeals, Sumilat raises only
one issue within our jurisdiction: whether there was substantial
evidence to support the Board’s finding that Sumilat failed to
demonstrate he was eligible for withholding of removal.
Substantial evidence supports the Board’s decision, and the record
does not compel a contrary conclusion. See Wang v. Mukasey, 508
F.3d 80, 83 (1st Cir. 2007). Although Sumilat also disputes the
rejection of his asylum claim, the Board's finding that no changed
circumstances existed to justify the untimely petition is a factual
one over which we lack jurisdiction. 8 U.S.C. § 1158(a)(3); Silva
v. Gonzales, 463 F.3d 68, 71-72 (1st Cir. 2006). For the reasons
stated by the Board, the petition for review is denied.
It is so ordered.
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