Tato Nugroho v. Eric H. Holder Jr.

MEMORANDUM

Tato Nugroho, 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 decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo legal determinations and for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We grant the petition for review, and we remand.

The agency found Nugroho’s asylum application untimely and found he failed to establish changed or extraordinary circumstances excusing the delay. The record supports the agency’s finding that Nugroho’s discovery of asylum through compliance with special registration did not excuse his failure to meet the filing deadline. See 8 C.F.R. § 1208.4 (a)(4), (5). However, the record shows that the death threats from Jemaah Islamiah after Nugroho left Indonesia for the United States constitute changed circumstances. See 8 C.F.R. § 1208.4 (a)(4); Vahora v. Holder, 641 F.3d 1038, 1042-47 (9th Cir.2011) (mistreatment and fear of persecution before…