Sumilat, et al v. Mukasey, No. 07-1784 (1st Cir. 2008)

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Not for Publication in West's Federal Reporter United States Court of Appeals For the First Circuit ________________ No. 07-1784 HERMAN WINNY SUMILAT, Petitioner, v. MICHAEL B.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 Paul Keisler, Assistant Wang on brief for petitioner. Fiorino, Office of Immigration Litigation, Peter D. Assistant Attorney General, and Richard M. Evans, 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. F.3d 80, 83 (1st Cir. 2007). See Wang v. Mukasey, 508 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. -2-

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