Viridiana

Before: BETTY B. FLETCHER and RICHARD A. PAEZ, Circuit Judges, and DONALD E. WALTER, [*] District Judge.

Respondent's Petition for Panel Rehearing is GRANTED.

The opinion, reported at Viridiana v. Holder, 630 F.3d 942 (9th Cir.2011), is WITHDRAWN, and is replaced with an opinion filed simultaneously with this order.

No additional Petitions for Rehearing or Rehearing En Banc shall be filed.

The panel retains jurisdiction over future appeals to this court.

PAEZ, Circuit Judge:

Winnie Viridiana, an Indonesian citizen of Chinese descent, petitions for review of the Board of Immigration Appeals ("BIA") order affirming an Immigration Judge's ("IJ's") denial of her claims for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 , and we grant the petition and remand.

The principal issue that we address in this appeal is whether the IJ correctly determined that Viridiana's asylum application was untimely. An alien seeking asylum must file an application within one year of arrival in the United States. 8 U.S.C. § 1158 (a)(2)(B); 8 C.F.R. § 208.4 (a)(2)(i)(A). Viridiana filed her application after she had been in the country for one year and three months. The…