Ruben Ching v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Ruben Basa Ching, a native of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. 1252(a)(1), and we deny the petition for review.

1. An asylum applicant has the burden of proving by clear and convincing evidence that he has filed his asylum application within one year of his arrival in the United States. See 8 U.S.C. § 1158 ; 8 C.F.R. § 208.4 . An applicant may be excused from meeting the one-year deadline if he can show that he has experienced “changed” or “extraordinary” circumstances. See 8 U.S.C. § 1158 (a)(2)(D); 8 C.F.R. § 208.4 (a)(2), (4)-(5). “[T]o qualify as an exception to the one-year rule, Petitioner must prove that the circumstances were not intentionally created by the alien through his or her own action or inaction.” Toj-Culpatan v. Holder, 612 F.3d 1088, 1092 (9th Cir.2010) (quoting 8 C.F.R. § 208.4 (a)(5)). Here, the IJ correctly held that the denial of dung's adjustment of status application did not constitute a “changed circumstance” or…