Gustavo Adolfo Osabas-Rivera v. Pamela Bondi -Board of Immigration Appeals
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Dismissed
The Sixth Circuit dismissed in part and denied in part Gustavo Osabas-Rivera’s petition for review. It held that it lacked jurisdiction to review the Board of Immigration Appeals’ discretionary finding that no “extraordinary circumstances” excused his untimely asylum application, and further concluded that he forfeited a dispositive element of his withholding-of-removal claim by not challenging the IJ’s finding that the Honduran government was unwilling or unable to protect him.
Circuit Split Identified
Legal Issue
Whether federal courts of appeals may review the BIA’s determination that an asylum applicant failed to show “extraordinary circumstances” under 8 U.S.C. §1158(a)(2)(D) that would excuse an untimely asylum application.
Circuit Positions
Extraordinary-circumstances determination is discretionary and NOT reviewable by the courts.
Extraordinary-circumstances determination presents a reviewable mixed question of law and fact; courts have jurisdiction.
Conflict Summary
Most circuits, including the Sixth, treat the extraordinary-circumstances determination as a discretionary decision entrusted ‘to the satisfaction of the Attorney General’ and therefore unreviewable under §1158(a)(3). The Ninth Circuit, by contrast, holds that after Guerrero-Lasprilla courts retain jurisdiction because the question is a mixed question of law and fact reviewable under §1252(a)(2)(D).