Budi

Budi v. Ashcroft

Good Law
107 F. App'x 138
United States Court of Appeals for the Ninth CircuitAugust 19, 2004No. 02-73814; Agency No. A79-194-159California465 words

Opinion

Lead Opinion

MEMORANDUM **

Budiono Budi, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“U”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have partial jurisdiction under 8 U.S.C. § 1252 . We dismiss the petition for review in part and deny it in part.

We dismiss Budi’s contention that he qualified for asylum by showing past persecution and/or a well-founded fear of persecution, because we lack jurisdiction to review the IJ’s conclusions that Budi’s application did not comply with the one-year filing deadline of 8 U.S.C. § 1158 (a)(2)(B) or demonstrate exceptional circumstances pursuant to § 1158(a)(3). See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We also lack jurisdiction to consider Budi’s contention that Indonesian Christians are subject to a pattern or practice of persecution, as he did not exhaust this issue. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (exhaustion is mandatory and jurisdictional).

Budi’s due process and regulatory challenges to the BIA’s streamlining of his case…

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