UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-2385
THOMAS PIETER,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A72-167-584)
Submitted: August 28, 2006 Decided: September 12, 2006
Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Arnedo S. Valera, LAW OFFICES OF VALERA & ASSOCIATES, Fairfax,
Virginia, for Petitioner. Rod J. Rosenstein, United States
Attorney, George L. Russell, III, Assistant United States Attorney,
Baltimore, Maryland, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Thomas Pieter, a native and citizen of Indonesia,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) adopting and affirming the immigration judge’s
decision denying his requests for asylum, withholding of removal,
and protection under the Convention Against Torture.
Pieter devotes his entire petition for review to arguing
his eligibility for asylum and claiming that the immigration judge
and Board erred in denying his asylum application on the ground
that he failed to demonstrate that he filed his application within
one year of the date of his arrival in the United States. See 8
U.S.C. § 1158(a)(2)(B) (2000). We conclude that we lack
jurisdiction to review this timeliness determination pursuant to 8
U.S.C. § 1158(a)(3) (2000), even in light of the passage of the
REAL ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231. See
Chen v. United States Dep’t of Justice, 434 F.3d 144, 150-54 (2d
Cir. 2006) (collecting cases). Given this jurisdictional bar,
which was dispositive of Pieter’s application for asylum, we cannot
review the underlying merits of his asylum claim.
Accordingly, we deny the petition for review.* We
dispense with oral argument because the facts and legal contentions
*
Pieter does not challenge the denial of his requests for
withholding of removal or protection under the Convention Against
Torture. He has therefore waived appellate review of these claims.
See Edwards v. City of Goldsboro, 178 F.3d 231, 241 n.6 (4th Cir.
1999).
- 2 -
are adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DENIED
- 3 -