Torika Uluiviti v. Eric H. Holder Jr.

Good Law
509 F. App'x 629
United States Court of Appeals for the Ninth CircuitFebruary 19, 201308-72846California804 words

Opinion

Opinion

MEMORANDUM

Torika Vuki Uluiviti petitions for review of the Board of Immigration Appeals’s (“BIA”) decision adopting and affirming the order of the Immigration Judge (“U”) denying Uluiviti’s applications for asylum, •withholding of removal, protection under the Convention Against Torture (“CAT”), and adjustment of status. Because the parties are familiar with the history of the case, we need not recount it here. We deny the petition.

I

The IJ properly concluded that Uluiviti’s asylum application was time-barred. Uluiviti concedes that she failed to file her asylum application within one year after the date of her arrival in the United States. She has not established that either changed circumstances or extraordinary circumstances excused the delay. 8 U.S.C. § 1158 (a)(2)(D).

Uluiviti’s lawful status terminated when her B-2 nonimmigrant visa expired on December 16, 2000, yet she did not apply for asylum until October 22, 2001. Ignorance of the law ordinarily does not constitute an extraordinary circumstance excusing the untimely filing of an asylum application. See Antonio-Martinez v. INS, 817 F.3d 1089 , 1093 (9th Cir.2003). And even though Uluiviti’s lawful status as a B-2…

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