Winokan

Winokan v. Ashcroft

Good Law
123 F. App'x 328
United States Court of Appeals for the Ninth CircuitFebruary 24, 2005No. 03-71189California634 words

Opinion

Lead Opinion

MEMORANDUM ***

Ronny Winokan, a citizen of Indonesia, petitions for review a decision of Board of Immigrations Appeals (BIA) 1 denying his applications for asylum, withholding of removal, and for relief under the Convention against Torture (CAT). The BIA denied Winokan’s application for asylum on two grounds. First, the Immigration Judge (IJ) held that petitioner’s asylum request was time-barred. In the alternative, she found that petitioner failed to demonstrate eligibility for asylum, as well as eligibility for withholding of removal or for relief under CAT. We dismiss the petition for review.

An applicant for asylum must demonstrate “by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States.” 8 U.S.C. § 1158 (a)(2)(B). There are two statutory exceptions to this rule, including “the existence of changed circumstances which materially affect the applicant’s eligibility for asylum.” 8 U.S.C. § 1158 (a)(2)(D).

We lack jurisdiction to review the BIA’s determinations regarding the timeliness of an asylum application, the exis *330 tence of changed circumstances to justify a late application, or…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.