Relina Sianipar v. Eric Holder, Jr.

MEMORANDUM

Relina Sianipar, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from the immigration judge’s decision denying her application for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evi dence the agency’s factual findings. Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Sianipar argued to the BIA that her untimely asylum application should be excused based on changed country conditions in Indonesia, and based on the extraordinary circumstances of her pregnancy and ineffective assistance of counsel. Among other reasons, the BIA rejected Sianipar’s changed country conditions and pregnancy arguments because it found that Sianipar failed to file her asylum application within a reasonable period of time. The BIA rejected Sianipar’s ineffective assistance of counsel argument because she did not meet the threshold requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). Sianipar does…