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KHUNAVERDIANTS v. MUKASEY

No. 07-70145.

548 F.3d 760 (2008)

Gurgen KHUNAVERDIANTS, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2008.

Attorney(s) appearing for the Case

Asbet A. Issakhanian, Glendale, CA, for the petitioner-appellant.

Aliza B. Alyeshmerni, United States Department of Justice, Civil Division, Washington, D.C., for the respondent-appellee.

Before: RONALD M. GOULD and CARLOS T. BEA, Circuit Judges, and JOHN W. SEDWICK, District Judge.

SEDWICK, District Judge:

Gurgen Khunaverdiants appeals the Board of Immigration Appeals' ("BIA") decision affirming an immigration judge's ("IJ") denial of his asylum application as time barred. Respondent Michael B. Mukasey, United States Attorney General, argues that under 8 U.S.C. § 1158(a)(3) the court lacks jurisdiction to review the BIA's finding that Khunaverdiants failed to timely file his asylum application. We conclude that we have jurisdiction to review...

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