Stien Bawengan v. Eric H. Holder Jr.

MEMORANDUM

Stien Bawengan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision (“IJ”) denying her 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 factual findings and de novo legal questions. 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 Bawengan filed her asylum application within a reasonable period of time given any changed circumstances. See 8 C.F.R. § 1208.4 (a)(4); see also Husyev v. Mukasey, 528 F.3d 1172, 1178-81 (9th Cir.2008). Accordingly, we deny the petition as to her asylum claim.

Bawengan’s due process contention that the IJ was prejudiced fails, because the record shows the proceedings were not “so fundamentally unfair that [Bawengan] was prevented from reasonably presenting her case.” See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (internal citation and quotation…