Toj-Culpatan
Toj-Culpatan v. Holder
Opinion
Lead Opinion
ORDER
The opinion filed on December 1, 2009 is hereby AMENDED. The amended opinion filed today along with this order replaces it.
Chief Judge Kozinski and Judge Bea have voted to deny the suggestion for rehearing en banc, and Judge Hug has so recommended. All judges voted to deny the petition for panel rehearing.
The suggestion for rehearing en banc has been circulated to the full court, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35(b).
Petitioner’s petition for panel rehearing and suggestion for rehearing en banc are denied.
No further filings will be accepted in this closed case.
OPINION
Rogelio Toj-Culpatan, a native and citizen of Guatemala, petitions for review of an order by the Board of Immigration Appeals (“BIA”) summarily affirming the Immigration Judge’s (“IJ”) denial of Petitioner’s requests for asylum, withholding of removal, and deferral of removal under the Convention Against Torture. The IJ denied Petitioner’s application for asylum because he did not file his asylum application within one year after his entry into the United States, as required by 8 C.F.R. § 208.4 (a)(2), and because he did not face any…