CA1: Uganda and late filing

Lutaaya v. Mukasey, No. 07-2328 (7/28/08).  The petitioner is a Ugandan citizen that ran a delivery business that contracted with the government to supply the troops.  Sort of like Haliburton.  Only, when some of the trucks were stolen by the rebels, “Soldiers accused her and Sabeera of cooperating with the LRA. They beat her, cut her with a sword, and raped her,” She came to the US where she filed a asylum application late.  At a hearing there was some discrepancies about the number of soldiers involving in the rape.  The IJ seemed to go quite far in saying that the petitioner wasn’t truthful.  The BIA didn’t go so far, but said she was statutorily ineligible.  The First then brushes off her argument that excusing late filing is constitutional.  Not analysis.  Just string cites.  The withholding of removal claim fails on credibility grounds.