Ventje Singkoh v. Eric Holder, Jr.

MEMORANDUM

Ventje Cornelis Singkoh (“Singkoh”) seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). Because the BIA conducted a de novo review of the record, making its own findings based on its independent review, our review is limited to the BIA’s decision. Singh v. Ashcroft, 351 F.3d 435, 438 (9th Cir.2003).

Although, as the BIA noted, Singkoh’s asylum filing was well beyond the presumptive six-month deadline after falling out of legal status, see Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir.2013), we have held this factor is not by itself determinative, id. at 1138 ; see also Wakkary v. Holder, 558 F.3d 1049, 1057-58 (9th Cir. 2009). Here, the BIA failed to address the individualized factual circumstances Sing-koh proffered to explain the delay, see Al Ramahi, 725 F.3d at 1138 , noting only that Singkoh was “familiar with the immigration laws of this country and was even aware of individuals in his church applying for asylum.” However, Singkoh did not argue he was unaware of the general availability…