Ct. of Appeals lacked jurisdiction to consider alien’s appeal of Bd.’s denial of his asylum application, where alien had filed said application well beyond applicable one-year limitation period. While alien argued that his delay was excused because there was evidence of material change in circumstances in Mongolia to justify delay, said argument was only factual in nature, which did not fall within section 1252’s exception to instant jurisdictional bar. Ct. also rejected alien’s challenge to Bd.’s denial of his application for withdrawal of removal based on alien’s claim that his membership in Mongolian Democratic Party subjected him to persecution, where, although alien presented evidence of physical abuse by members of govt., alien had failed to show that Bd.’s finding that said evidence did not constitute persecution lacked support in record.
Federal 7th Circuit Court
Civil Court
Immigration