Michael Kaunang v. Eric Holder, Jr.

MEMORANDUM

Michael Melvin Dwight Kaunang, native and citizen of Indonesia, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s 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 de novo questions of law and for substantial evidence factual findings, Wak-kary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

The record does not compel the conclusion that Kaunang established changed circumstances to excuse his untimely asylum application, see 8 C.F.R. § 1208.4 (a)(5), nor does it compel the conclusion that he filed his asylum application within a reasonable period of time after the expiration of his status, see Husyev v. Mukasey, 528 F.3d 1172 (9th Cir.2008) (364 day delay in filing asylum application after non-immigrant status expired was not a reasonable period). We reject Kaunang’s contention that the one-year filing deadline commences from the date his non-immigrant status lapsed. See 8 C.F.R. § 1208.4 (a)(2)(ii) (one-year period “shall be…