Doherty

MEMORANDUM *

Aidan Doherty, a dual citizen of the United Kingdom and the Republic of Ire *54 land, and native of Derry, Northern Ireland, petitions this court to review the Board of Immigration Appeals’ (BIA’s) decision to reverse an immigration judge’s (IJ’s) grant of relief from removal. We have jurisdiction under 8 U.S.C. § 1252 (a), and we grant the petition in part, deny in part, and remand.

1. Doherty challenges the BIA’s determination that he did not establish changed or extraordinary circumstances that would excuse his failure to file his asylum application before the one-year filing deadline. See 8 U.S.C. § 1158 (a)(2)(B), (D). We review the BIA’s determinations regarding changed and extraordinary circumstances for substantial evidence. Dhital v. Mukasey, 532 F.3d 1044, 1050 (9th Cir.2008) (extraordinary circumstances); see Ramadan v. Gonzales, 479 F.3d 646, 657 (9th Cir.2007) (changed circumstances). Doherty filed his application in 2005, five years after entering the United States and four years after learning that his brother in Northern Ireland had received a letter warning him that he was on a Loyalist/Protestant paramilitary group’s “death list.” We hold that…