Dendeng

MEMORANDUM

James Eduard Dendeng, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his claims 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. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and we remand.

The agency denied Dendeng’s asylum claim based on its finding that changed circumstances did not excuse his late-filed asylum application. In light of our intervening decision in Fakhry v. Mukasey, 524 F.3d 1057 (9th Cir.2008), addressing the appropriate factors involved in assessing changed circumstances, we grant the petition for review with respect to Dendeng’s asylum claim and remand for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam).

We lack jurisdiction to review Dendeng’s contentions that there is a…