Zoya Gasparyan v. Eric H. Holder Jr.
707 F.3d 1130
9th Cir.2013Background
- Gasparyan is a native and citizen of Armenia who overstayed a six‑month U.S. visa after fleeing domestic violence.
- She applied for asylum, withholding of removal, and CAT protection more than a year after entry, seeking an exception to the 1‑year deadline.
- An IJ granted withholding and CAT but denied asylum for untimeliness; the Board affirmed.
- Gasparyan argued mental illness constitutes extraordinary circumstances under 8 U.S.C. § 1158(a)(2)(D) and 8 C.F.R. § 1208.4(a)(5).
- The Board concluded the primary delay was lack of funds and inability to speak English, not mental illness.
- We dismiss the merits challenge to the Board’s extraordinary circumstances determination for disputed facts; we uphold the Board’s application of the regulations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction to review disputed‑fact extraordinary circumstances determinations | Gasparyan asserts jurisdiction to review mixed questions of law and fact. | HOLDER argues jurisdiction is limited to legal questions when facts are disputed. | Lack of jurisdiction over disputed facts; petition dismissed on this ground. |
| Whether the Board applied the correct three‑part test under 8 C.F.R. § 1208.4(a)(5) | Gasparyan contends the Board failed to apply the three factors. | Board supported its decision with reasoning aligning to the factors and the standard. | Board did not err; the three factors are conjunctive and require initial finding of extraordinary circumstances. |
| Whether the Board relied on extra‑record information inappropriately | Gasparyan argues the decision depended on material outside the record. | Record shows no improper reliance on extra‑record information. | No error; no improper use of extra‑record information in decision. |
Key Cases Cited
- Singh v. Holder, 656 F.3d 1047 (9th Cir. 2011) (discusses direct relation and timing for extraordinary circumstances)
- Husyev v. Mukasey, 528 F.3d 1172 (9th Cir. 2008) (mixed questions of law and fact review limits when facts are disputed)
- Circu v. Gonzales, 450 F.3d 990 (9th Cir. 2006) (en banc; extra-record information not basis for Board’s decision)