Wosa

Wosa v. Holder

Good Law
312 F. App'x 971
United States Court of Appeals for the Ninth CircuitFebruary 25, 2009No. 06-72686California308 words

Opinion

Lead Opinion

MEMORANDUM **

Anderias Umbu Wosa, a native and citizen of Indonesia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we review de novo claims of constitutional violations in immigration proceedings, Ram v. INS, *972 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

The record does not compel the conclusión that changed circumstances excused Wosa’s untimely filed asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). We reject Wosa’s due process challenge to the one year time bar finding because he cannot demonstrate prejudice. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). Accordingly, his asylum claim fails.

Substantial evidence supports the agency’s denial of withholding of removal, because Wosa did not allege past, persecution and even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29…

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