061688P.pdf   05/11/2007  Imad Ibrahim Mouawad  v.  Alberto Gonzales
   U.S. Court of Appeals Case No:  06-1688
   Immigration & Naturalization Service   
   [PUBLISHED] [Melloy, Author, with Chief Circuit Judge Loken and
   District Judge Schiltz]
  Agency Case - petition for review. Finding that exceptional
   circumstances or changed conditions does not excuse untimely asylum
   claim is unreviewable. Substantial evidence supports immigration
   judge's decision that any past or feared future persecution by Hizballah
   members was not on account of his Maronite Christian beliefs or political
   opinion, and thus withholding of removal claim fails. Convention Against
   Torture claim is remanded for determination whether the Lebanese
   government acquiesced in Hizballah's acts of violence and intimidation
  
061688P.pdf   03/14/2007  Imad Ibrahim Mouawad  v.  Alberto Gonzales
   U.S. Court of Appeals Case No:  06-1688
   Immigration & Naturalization Service   
   [PUBLISHED] [Melloy, Author, with Loken, Chief Judge, and Schiltz,
   District Judge]
   Petition for Review - Immigration. Because the Immigration Judge
   determined that the untimeliness of petitioner's asylum application was
   not excused by exceptional circumstances or changed conditions within
   the meaning of 8 U.S.C. Sec. 1158(a)(2)(D), this court lacks jurisdiction
   to review the asylum claim; substantial evidence supported the IJ's
   determination that petitioner was not entitled to withholding of removal
   as his testimony did not compel the conclusion that he had suffered or
   would suffer any persecution by Hizballah on account of his religion or
   political opinions; arguments about the effect of recent events in Lebanon
   should be addressed to the Board of Immigration Appeals and would not
   be considered here; with respect to the petitioner's claims under the
   Convention Against Torture, the Immigration Judge erred in failing to
   address the issues of whether the government of Lebanon acquiesces in
   Hizballah's violence and intimidation and whether there was a sufficient
   likelihood petitioner wold be tortured by Hizballah if he returned to
   Lebanon; case remanded for further proceeding on petitioner's
   Convention Against Torture claims.