Yuliani

Yuliani v. Mukasey

Good Law
288 F. App'x 384
United States Court of Appeals for the Ninth CircuitJuly 31, 2008No. 05-70172California362 words

Opinion

Lead Opinion

MEMORANDUM **

Joice Yuliani and her husband, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“U”) decision denying their 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 and will uphold *385 the agency’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny in part and grant in part the petition for review, and we remand.

The record does not compel the conclusion that extraordinary circumstances excuse the untimely filing of Yuliani’s asylum application. See 8 C.F.R. § 1208.4 (a)(5); Ramadan v. Gonzales, 479 F.3d 646, 648, 657-58 (9th Cir.2007) (per curiam).

The IJ found that the harm Yuliani suffered when she was violently sexually assaulted by several Muslim men rose to the level of persecution. Because, contrary to the IJ’s findings, the record compels the conclusion that Yuliani was persecuted on account of her Chinese ethnicity, see…

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