Tuiwainikai

MEMORANDUM *

Petitioner Ratu Noa Rabici Tuiwainikai (“Tuiwainikai”), a native and citizen of Fiji, *81 petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming the Immigration Judge’s (“IJ”) denial of his application for asylum. The IJ found that Tuiwainikai was credible and that he suffered past persecution on account of his political opinion. Because the IJ determined that Tuiwainikai was eligible for withholding of removal, the IJ implicitly found that Tuiwainikai had met his burden of demonstrating a clear probability of persecution if he were removed to Fiji. Respondent does not challenge these findings on this appeal.

The IJ denied Tuiwainikai’s asylum petition because he did not file his application within one year of his arrival in the United States. Tuiwainikai timely appeals. 1 We have jurisdiction under 8 U.S.C. § 1252 . 2 We may review “the agency’s application of the changed and extraordinary circumstances exceptions to undisputed facts” as it relates to the one-year filing rule. Dhital v. Mukasey, 532 F.3d 1044, 1049 (9th Cir.2008); Husyev v. Mukasey, 528 F.3d 1172, 1178-79 (9th Cir.2008) (holding that BIA’s application of the…