Juned v. Holder, Jr., No. 10-9582 (10th Cir. 2011)
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Petitioner Budiyanto Juned, a native and citizen of Indonesia, appealed a Board of Immigration Appeals' (BIA) decision that denied his applications for asylum and restriction on removal under the Convention Against Torture (CAT). Petitioner came to the United States on a visitor's visa in 1994 and remained after the visa expired. Petitioner petitioned for asylum and restriction on removal on the basis of his political opinion. The BIA affirmed an immigration judge's (IJ) determination that Petitioner was not eligible for asylum because his application was not timely filed and that he did not demonstrate changed or extraordinary circumstances to except himself from the filing deadline. Furthermore, the BIA determined that Petitioner's proffered incidents of mistreatment in his home country did not amount to persecution, nor the likelihood he would be persecuted in the future. Upon review of the BIA record, the Tenth Circuit dismissed Petitioner's asylum claim due to the court's lack of jurisdiction. The Court affirmed the BIA's determination as to all other aspects of Petitioner's claim.
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