Oscar Ferrer v. Eric Holder, Jr.

MEMORANDUM

Ferry Santoso, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decisions denying his motion for a continuance and his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence factual findings. Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Santoso filed his application within a reasonable period of time after his lawful status expired. See Husyev, 528 F.3d at 1181-82 . The record also does not compel the conclusion that Santoso otherwise established changed or extraordinary circumstances excusing his untimely application. See 8 C.F.R. § 1208.4 (a)(4), (5). In addition, Santoso’s conclusory assertions that the agency failed to adequately articulate reasons for finding he did not qualify for an exception, and failed to adequately question him regarding changed country conditions and…