Boby Wowor v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION MAR 13 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BOBY WOWOR; et al., No. 08-74995
Petitioners, Agency Nos. A095-584-634
A095-584-635
v. A072-404-299
A072-404-300
ERIC H. HOLDER, Jr., Attorney General,
Respondent. MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Boby Wowor and his family, natives and citizens of Indonesia, petition for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing their
appeal from an immigration judge’s (“IJ”) decision denying their application for
asylum, withholding of removal, and protection under the Convention Against
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review de
novo questions of law and for substantial evidence factual findings. 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.
The record does not compel the conclusion petitioners established changed
or extraordinary circumstances excusing their untimely asylum application. See
8 C.F.R. § 1208.4(a)(4), (5). Accordingly, we deny the petition as to their asylum
claim.
We lack jurisdiction to address petitioners’ claim of a pattern or practice of
persecution as they did not raise it to the BIA. See Barron v. Ashcroft, 358 F.3d
674, 678 (9th Cir. 2004).
However, we grant the petition with respect to petitioners’ withholding of
removal and CAT claims because the BIA only considered their contention that
they faced persecution in Indonesia as a result of their Christian religion and did
not consider their claims in light of their contentions regarding the Indonesian
Special Forces and the death of Boby Wowor’s brother through mistaken identity.
Accordingly, we remand these claims to the BIA for further proceedings consistent
with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
Each party shall bear its own costs for this petition for review.
2 08-74995
PETITION FOR REVIEW DENIED in part; DISMISSED in part;
GRANTED in part; REMANDED.
3 08-74995