Prasetyo

MEMORANDUM **

Lolita Prasetyo, Henky Winata, and their son, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Mashiri v. Ashcroft, 383 F.3d 1112, 1118 (9th Cir.2004), and de novo claims of due process violations, Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). We deny in part, dismiss in part, and grant in part the petition for review, and we remand.

The record does not compel the conclusion that Prasetyo has established either changed or extraordinary circumstances excusing her untimely asylum application. See 8 U.S.C. § 1158 (a)(2)(D); see also Ramadan v. Gonzales, 479 F.3d 646, 648, 657-58 (9th Cir.2007) (per curiam). Further, we do not consider Winata’s contention that changed and extraordinary circumstances excused his untimely asylum application because he failed to raise this issue to the BIA. See Barron, 358 F.3d at 677-78 .…