Sagaydak

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

VIKTOR YAROSLAVOVICH SAGAYDAK; 

NATALIYA BOGDANIVNA SAGAYDAK, No. 02-74299 Petitioners, Agency Nos. v.  A77-424-463 ALBERTO GONZALES,* Attorney A77-424-462 General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted May 6, 2004—Seattle, Washington

Filed May 4, 2005

Before: Procter Hug, Jr., A. Wallace Tashima, and Richard A. Paez, Circuit Judges.

Opinion by Judge Paez; Partial Concurrence and Partial Dissent by Judge Tashima

*Alberto Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R. App. P. 43(c)(2). COUNSEL

Tom Youngjohn, Federal Way, Washington, for the petition- ers.

Leslie McKay, Washington, D.C., for the respondent.

OPINION

PAEZ, Circuit Judge:

To be eligible for asylum, an alien must, absent changed or extraordinary circumstances, file an asylum application within one year of…