Soemampouw

Soemampouw v. Holder

Good Law
398 F. App'x 186
United States Court of Appeals for the Ninth CircuitSeptember 30, 2010Nos. 06-71353, 06-73767California403 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated cases, Eric Pieter Soemampouw and Indra Wati Pinkan Eman, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”) in No. 06-71353, and the BIA’s order denying their motion to reopen proceedings in No. 06-73767. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and review for abuse of discretion the denial of a motion to reopen, and we review de novo due process claims *187 based on ineffective assistance of counsel, Hurribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petition for review in No. 06-71353, and deny the petition in No. 06-73767.

The record does not compel the conclusion that petitioners established changed circumstances excusing the untimely filing of their asylum application. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479…

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