Siahaan

Siahaan v. Holder

Good Law
361 F. App'x 818
United States Court of Appeals for the Ninth CircuitJanuary 7, 201007-71245California455 words

Opinion

Opinion

MEMORANDUM

Yoel Nicson Siahaan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings. See Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We grant in part and deny in part the petition for review and remand.

Siahaan contends he established changed circumstances excusing his untimely asylum application based on the United States’ invasion of Iraq, which Sia-haan claims increased Muslim violence against Christians in Indonesia, and based on his new position as a church deacon. With respect to the invasion of Iraq contention, the record does not compel the conclusion that Siahaan established changed circumstances excusing his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per cu- riam). With respect to his church deacon contention, however, we are left with no specific direction as to the applicability of 8 U.S.C. § 1158…

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