Harley Mailoa v. Eric H. Holder Jr.

MEMORANDUM

Harley Edmond Mailoa, a native and citizen of Indonesia, petitions for review (along with his wife and two sons, who are derivative applicants) of the Board of Immigration Appeals decision affirming an order of removal and denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. We lack jurisdiction to review the decision to deny the asylum claim, and we conclude that the denial of the other claims was supported by substantial evidence. Accordingly, we dismiss in part and deny in part the petition for review.

The asylum claim was denied primarily based on the IJ’s finding that the application was not filed within one year of arrival. An applicant can excuse the one-year deadline by establishing “changed circumstances” under 8 U.S.C. § 1158 (a)(2)(D). After an alleged changed circumstance, an applicant must apply for asylum within a “reasonable period.” 8 C.F.R. § 208.4 (a)(4)(h). Mailoa failed to challenge the IJ’s determination that Mailoa’s delay — assuming he could demonstrate changed circumstances — was unreasonable. We therefore lack jurisdiction to consider Mailoa’s challenge to the one-year bar applied to…