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REYES-REYES v. ASHCROFT

No. 03-72100.

384 F.3d 782 (2004)

Luis REYES-REYES, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2004.

Attorney(s) appearing for the Case

Carter C. White, King Hall Civil Rights Clinic, University of California School of Law, Davis, California; Robert T. Grieg, Anil Kalhan, and Joseph Landau, Cleary Gottlieb, Steen & Hamilton, New York, New York, for the petitioner.

Peter D. Keisler, Linda S. Wendtland, and Shelley R. Goad, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for the respondent.

Before McKEOWN, BYBEE, Circuit Judges, and BREYER, District Judge.

Opinion by Judge McKEOWN; Concurrence by Judge BYBEE.

McKEOWN, Circuit Judge:

Luis Reyes-Reyes petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Because Reyes's asylum claim was denied as untimely, we lack jurisdiction to reach its merits. We have jurisdiction, however, to review the BIA's denial of his withholding and...

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