Viridiana v. Holder, Jr., No. 06-73335 (9th Cir. 2011)
Annotate this CasePetitioner, an Indonesian citizen of Chinese descent, petitioned for review of the BIA's order affirming an IJ's denial of her claims for asylum and withholding of removal. At issue was whether the IJ correctly determined that petitioner's asylum application was untimely because she had not established an exception to the one-year filing requirement. The court held that the BIA erred as a matter of law in finding that fraudulent deceit by an immigration consultant could not constitute an "extraordinary circumstance" that excused an otherwise untimely asylum application. Therefore, the court granted the petition and remanded for the BIA to consider whether the ordeal petitioner experienced constituted fraudulent deceit by an immigration consultant and whether she filed her asylum application within a reasonable time after such circumstance, thereby excusing the untimeliness of her application and requiring the BIA to consider her asylum application on the merits. With respect to petitioner's claim for withholding of removal, the court granted the petition and remanded for further consideration in light of its recent decision in Wakkary v. Holder.
This opinion or order relates to an opinion or order originally issued on January 19, 2011.
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