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Keywords

jurisdictionattorneyhearingtestimonywillasylumvisa
jurisdictionattorneyhearingtestimonywillasylumvisa

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Bitsin v. Holder

Facts

Mr. Bitsin last entered the United States in May 2005 as a visitor, authorized to stay until October 2005. Before his visa expired, Mr. Bitsin decided that he would like to remain in the United States to pursue further education at Solex College in Chicago, Illinois. In August 2005, therefore, he submitted an application for a student visa; he was assisted in his application by an attorney, whom the college had suggested. Mr. Bitsin was advised that his application could take between six months and one year to process. According to Mr. Bitsin's testimony at his removal hearing, it was his understanding that he would be 'allowed to just stay,' but not to work, while the immigration authorities were processing his application. Once his papers were filed, Mr. Bitsin attempted to contact the attorney by telephone to check the status of his application, but 'the telephone was out of service.' He later went to the attorney's office in person only to discover that the office had been closed. In 2007, he was arrested by immigration authorities and placed in removal proceedings.

Mr. Bitsin last entered the United States in May 2005 as a visitor, authorized to stay until October 2005. Before his visa expired, Mr. Bitsin decided that he would like to remain in the United States to pursue further education at Solex College in Chicago, Illinois. In August 2005, therefore, he submitted an application for a student visa; he was assisted in his application by an attorney, whom the college had suggested. Mr. Bitsin was advised that his application could take between six months and one year to process. According to Mr. Bitsin's testimony at his removal hearing, it was his understanding that he would be 'allowed to just stay,' but not to work, while the immigration authorities were processing his application. Once his papers were filed, Mr. Bitsin attempted to contact the attorney by telephone to check the status of his application, but 'the telephone was out of service.' He later went to the attorney's office in person only to discover that the office had been closed. In 2007, he was arrested by immigration authorities and placed in removal proceedings.

Issue

Whether the court had jurisdiction to review the denial of the alien's asylum application and whether the alien established eligibility for withholding of removal and relief under the CAT.

Whether the court had jurisdiction to review the denial of the alien's asylum application and whether the alien established eligibility for withholding of removal and relief under the CAT.

Rule

An alien's application for asylum must be filed within one year of arrival in the U.S., but may be considered if the alien demonstrates changed circumstances materially affecting eligibility or extraordinary circumstances relating to the delay. Courts lack jurisdiction to review determinations regarding the timeliness of asylum applications unless they involve constitutional claims or questions of law.

An alien's application for asylum must be filed within one year of arrival in the U.S., but may be considered if the alien demonstrates changed circumstances materially affecting eligibility or extraordinary circumstances relating to the delay. Courts lack jurisdiction to review determinations regarding the timeliness of asylum applications unless they involve constitutional claims or questions of law.

Analysis

The court determined that it lacked jurisdiction to review the denial of the alien's asylum application because none of the issues he raised were constitutional claims or questions of law. The IJ found that Mr. Bitsin had not established that he was more likely than not to suffer persecution if returned to Bulgaria, and the BIA affirmed this finding, noting that the evidence did not support a conclusion that the Bulgarian government was unable or unwilling to protect him.

The court determined that it lacked jurisdiction to review the denial of the alien's asylum application because none of the issues he raised were constitutional claims or questions of law. The IJ found that Mr. Bitsin had not established that he was more likely than not to suffer persecution if returned to Bulgaria, and the BIA affirmed this finding, noting that the evidence did not support a conclusion that the Bulgarian government was unable or unwilling to protect him.

Conclusion

The court dismissed for lack of jurisdiction that portion of the alien's petition related to his asylum application, and denied that portion of his petition related to his claims for withholding of removal and relief under the CAT.

The court dismissed for lack of jurisdiction that portion of the alien's petition related to his asylum application, and denied that portion of his petition related to his claims for withholding of removal and relief under the CAT.

Who won?

The government prevailed in the case because the court found that the alien did not meet the necessary criteria for asylum or withholding of removal.

The government prevailed in the case because the court found that the alien did not meet the necessary criteria for asylum or withholding of removal.

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