Renaldo

MEMORANDUM

Josef Carlo Margio Renaldo, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny in part and grant in part the petition for review, and we remand.

The record does not compel the conclusion that changed circumstances excused the untimely filing of Renaldo’s asylum application. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). We are, however, unable fully to review Renaldo’s claim of extraordinary circumstances because we cannot ascertain from the record whether the BIA found no extraordinary circumstances based a finding that Renaldo failed to establish extraordinary circumstances or based on a finding that he failed to file his asylum application within a reasonable time after the occurrence of an extraordinary circumstance. See Ghaly v. INS, 58…