Cabas v. Holder, No. 11-2174 (1st Cir. 2012)Annotate this Case
Petitioner, a native and citizen of Venezuela, sought review of a final order of the Board of Immigration Appeals (BIA). The order upheld both an immigration judge's (IJ) determination that Petitioner's asylum application was time-barred and the IJ's denial of his application for withholding of removal on the merits. The First Circuit Court of Appeals (1) dismissed as to the asylum claim, holding that it lacked jurisdiction to review that decision, as the Court is without jurisdiction to review agency findings regarding timeliness of an asylum application unless the petitioner challenges the decision on constitutional or legal grounds; and (2) denied as to the claim for withholding of removal, as substantial evidence supported the BIA's determination.