Bolang

Bolang v. Ashcroft

Good Law
117 F. App'x 585
United States Court of Appeals for the Ninth CircuitDecember 14, 2004No. 03-70537, A79-195-386California527 words

Opinion

Lead Opinion

MEMORANDUM **

Billy Daniel Carter Bolang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) 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 review the IJ’s decision as the final agency decision, Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003), and review the IJ’s factual findings under the substantial evidence standard, Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003). We vacate and remand in part, and dismiss in part and deny in part the petition for review.

The IJ denied Bolang’s asylum application on two independent grounds: (1) that the application was untimely because Bolang did not comply with the one-year filing deadline of 8 U.S.C. § 1158 (a)(2)(B); and (2) that Bolang failed to establish past persecution or a well-founded fear of future persecution. We have jurisdiction to review a denial on the merits, Falcon Carriche, 350 F.3d at 855 , but lack jurisdiction to review a finding of untimeliness, Reyes-Reyes v. Ashcroft,…

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