Rishi Baral v. Loretta E. Lynch

MEMORANDUM

Rishi Ram Baral, a native and citizen of Nepal, petitions for review of a final order of removal from the Board of Immigration Appeals (BIA). The BIA dismissed Baral’s appeal of an Immigration Judge’s (IJ’s) denial of his applications for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition.

1. Baral first argues that the IJ erred in dismissing his asylum claim as untimely. “Under 8 U.S.C. § 1158 (a)(2)(B), an alien seeking asylum must file an application within one year of arrival in the United States, unless one of two statutory exceptions applies.” Ramadan v. Gonzales, 479 F.3d 646, 649 (9th Cir. 2007) (per curiam). Baral concedes that he filed his application for asylum more than one year after he arrived in the United States, but he argues that changed circumstances in Nepal excused his late filing.

Baral failed to demonstrate that conditions in Nepal materially changed after he left the country in 2007. Baral relies primarily on the 2008 U.S. State Department Report to demonstrate changed circumstances. The report…