Johan Sumolang v. Eric H. Holder Jr.

MEMORANDUM

Johan Sumolang and Berawati Notored-jo, a married couple, appeal from a decision by the Board of Immigration Appeals (“BIA”) upholding the Immigration Judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture. In an opinion filed concurrently with this memorandum, we address Ms. Notoredjo’s claims and grant, in part, her petition for review. Here, we address Mr. Sumolang’s claims.

The BIA did not rule on the merits of Mr. Sumolang’s asylum claim because he filed his application in 2002, well past the one-year deadline prescribed by 8 U.S.C. § 1158 (a)(2)(B). Mr. Sumolang argues that the BIA erred by not excusing his late filing as the consequence of (1) extraordinary personal circumstances or (2) changed circumstances in Indonesia. 8 U.S.C. § 1158 (a)(2)(D). As these are both arguments he advanced jointly with Ms. Notoredjo, we addressed them in our published opinion. For the same reasons stated there, we do not have jurisdiction to review Mr. Sumolang’s first contention, see Gasparyan v. Holder, 707 F.3d 1130 , 1133— 34 (9th Cir.2013), and we reject his second contention. See Sumolang v.…