Herry Tarigan v. Eric H. Holder Jr.

Good Law
512 F. App'x 734
United States Court of Appeals for the Ninth CircuitMarch 21, 201308-71617California353 words

Opinion

Opinion

MEMORANDUM

Herry Dastanta Tarigan (“Herry”), Deborah Simamora (“Deborah”), and Samuel Altasyet Simamora (“Samuel”), natives and citizens of Indonesia, petition for review the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings and review de novo legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part, dismiss in part, and grant in part the petition for review, and we remand.

Herry and Samuel do not challenge the agency’s dispositive determination that their asylum applications are time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived). Accordingly, review of their asylum claims is denied. We dismiss Herry’s claim for humanitarian asylum because he failed to exhaust this claim before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

In assessing…

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