Boby Wowor v. Eric H. Holder Jr.

MEMORANDUM

Boby Wowor and his family, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application 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, dismiss in part, and grant in part the petition for review, and we remand.

The record does not compel the conclusion petitioners established changed or extraordinary circumstances excusing their untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). Accordingly, we deny the petition as to their asylum claim.

We lack jurisdiction to address petitioners’ claim of a pattern or practice of persecution as they did not raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

However, we grant the petition with respect to petitioners’ withholding of removal and CAT claims because the BIA only considered their contention that…