Katende

Katende v. Holder

Good Law
322 F. App'x 542
United States Court of Appeals for the Ninth CircuitApril 17, 2009No. 06-74918California427 words

Opinion

Lead Opinion

MEMORANDUM **

Roberth Raimon Katende, 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, and we reverse only if the evidence compels a contrary conclusion. INS v. Elias-Zaearias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

We have jurisdiction to consider Katende’s claim for asylum. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam) (exercising jurisdiction over consideration of one-year bar where facts are undisputed). Substantial evidence supports the agency’s determination that Katende’s depressed state did not constitute changed or extraordinary circumstances to excuse his untimely asylum application. See 8 U.S.C. § 1158 (a)(2)(B) (asylum applicant must file application within one year of arrival in the United States unless one of two statutory exceptions applies). Accordingly,…

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