Simarmata v. Holder

Petitioner, a native and citizen of Indonesia, was charged with removability because he was a noncitizen who overstayed his tourist visa. Petitioner conceded removability but applied for asylum, withholding of removal, and protection under the Convention Against Torture, asserting that he feared returning to Indonesia because he believed he would be subjected to persecution due to his Christian faith. The Immigration Judge denied all relief. The Board of Immigration Appeals (BIA) denied Petitioner’s untimely motion to reopen asylum proceedings, concluding that Petitioner failed to demonstrate a change in country circumstances that would excuse the untimeliness of his motion. The First Circuit Court of Appeals denied Petitioner’s petition for review, holding that the BIA did not abuse its discretion in denying Petitioner’s motion to reopen. View "Simarmata v. Holder" on Justia Law