Petitioners' request for review of BIA's denial of their application for asylum and related relief from being returned back to Yemen is denied in part and granted in part where: 1) the portion of the petition regarding asylum is denied as the court lacks jurisdiction to review whether an IJ failed to afford the petitioners due process by not excusing the untimeliness of their applications; 2) petitioners' due process arguments with respect to the IJ's denial of their applications for asylum are without merit; and 3) request for review of the portion of the petition requesting the withholding of removal is granted as the record contains ample evidence that the General will kill the petitioners if they are returned to Yemen and nothing in the record suggests that conditions in Yemen have changed such that the government there will now be able to control the powerful General.
Argued: October 15, 2009
Decided and Filed: November 9, 2009
Opinion by Circuit Judge Gilman
For Appellant: Richard A. Kulics, Reza Athari & Associates, Murray, Utah.
For Appellee: David V. Bernal, Lance L. Jolley, United States Department of Justice, Washington, DC.