Widada

Widada v. Holder

Good Law
398 F. App'x 217
United States Court of Appeals for the Ninth CircuitSeptember 30, 2010No. 07-74297California380 words

Opinion

Lead Opinion

MEMORANDUM **

Agus Widada, 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 (“U”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). 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 de novo due process claims, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

The record does not compel the conclusion that Widada established changed or extraordinary circumstances that excuse the untimely filing of his asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). In addition, we reject Widada’s contention that the BIA violated due process by declining to address his claim that the special registration requirement under 8 C.F.R. § 264.1 (f)(4) constituted a change in the law excusing his untimely application. See Lata v. INS, 204 F.3d 1241,1246 (9th Cir.2000)…

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