Maruahal

MEMORANDUM

Utjok Maruahal, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand, and dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and review de novo its legal conclusions. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We review for abuse of discretion the agency’s denial of a motion to remand. Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We grant in part and deny in part the petition for review, and we remand.

The record supports the BIA’s finding that Maruahal failed to establish an exception to his untimely filed asylum application based on 8 C.F.R. § 1208.4 (a)(5)(v) (setting forth extraordinary circumstance exception based on an application that is timely filed, rejected, corrected, then refiled within a reasonable period of time). We remand because the BIA failed to determine whether the facts of Maruahal’s case nevertheless…