Djaja

Djaja v. Mukasey

Good Law
292 F. App'x 549
United States Court of Appeals for the Ninth CircuitSeptember 5, 2008No. 05-72150California363 words

Opinion

Lead Opinion

MEMORANDUM **

Mario Djaja, native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applica *550 tion for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, it is unclear whether the BIA conducted a de novo review, the court will “look to the IJ’s oral decision as a guide to what lay behind the BIA’s conclusion.” See Avetova-Elisseva v. INS, 218 F.3d 1192 , 1197 (9th Cir.2000). We review for substantial evidence, reversing only if the evidence compels the result, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition.

The record does not compel the conclusion that Djaja has shown extraordinary circumstances to excuse the untimely filing of his asylum application. See 8 C.F.R. § 1208.4 (a)(5); see also Ramadan v. Gonzales, 479 F.3d 646, 657 (9th Cir.2007) (per curiam). Accordingly, we deny the petition as to Djaja’s asylum claim.

Substantial evidence supports the IJ’s finding that Djaja failed to…

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