SAGAYDAK v. GONZALES

No. 02-74299.

405 F.3d 1035 (2005)

Viktor Yaroslavovich SAGAYDAK; Nataliya Bogdanivna Sagaydak, Petitioners, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2005.


Attorney(s) appearing for the Case

Tom Youngjohn, Federal Way, WA, for the petitioners.

Leslie McKay, Washington, D.C., for the respondent.

Before: HUG, TASHIMA, and PAEZ, Circuit Judges.


PAEZ, Circuit Judge.

To be eligible for asylum, an alien must, absent changed or extraordinary circumstances, file an asylum application within one year of arriving in the United States. 8 U.S.C. § 1158(a)(2). In the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Congress made clear that "no court shall have jurisdiction to review any determination of the Attorney General" with respect to whether the alien had met the one-year deadline or...

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