Simatupang

Simatupang v. Holder

Good Law
322 F. App'x 537
United States Court of Appeals for the Ninth CircuitApril 17, 2009No. 06-74942California478 words

Opinion

Lead Opinion

MEMORANDUM **

Richard Lukas Simatupang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). *538 Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, and must uphold the BIA’s decision unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We dismiss in part, grant in part, and deny in part the petition for review.

We lack jurisdiction to review the BIA’s determination that extraordinary circumstances did not excuse Simatupang’s untimely asylum application because the underlying facts regarding whether he filed a timely asylum application before filing the untimely application are disputed. C f. Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007) (per curiam) (exercising jurisdiction over consideration of one-year bar where facts were undisputed). We do not consider Simatupang’s claim that increased hostility against Christians…

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