Mikaelyan v. Holder

FILED
NOT FOR PUBLICATION SEP 30 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GEVORG MIKAELYAN; ACHKHEN No. 07-73459
MIKAELYAN,
Agency Nos. A078-668-998
Petitioners, A078-668-999
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Gervorg Mikaelyan, a native of Romania and citizen of Armenia, and
Achkhen Mikaelyan, a native and citizen of Armenia, petition pro se for review of
the Board of Immigration Appeals’ order dismissing their appeal from an
immigration judge’s decision denying their application for asylum. Our
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence,
Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we dismiss the
petition for review.
We lack jurisdiction to review the agency’s determination that petitioners
failed to establish extraordinary circumstances excusing their untimely filed
asylum application because that finding was based on disputed facts. See
Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir. 2007) (per curiam).
PETITION FOR REVIEW DISMISSED.
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