Lumataw v. Holder, No. 08-1757

Petition for review of a decision by the BIA denying Indonesian petitioner's application for asylum and related relief is granted and remanded where the IJ and BIA committed prejudicial legal error in faulting the petitioner for untimely filing without recognizing either the absence of a filing deadline for the first few years of the period or the undisputed record fact of petitioner's inclusion in his wife's January 2003 asylum application, and as such, it cannot be concluded that the legal errors were harmless.     

Read Lumataw v. Holder, No. 08-1757

Appellate Information

On Petition For Review Of An Order Of The Board Of Immigration

Decided September 9, 2009

Judges

Before Torruella,   Lipez, Circuit Judges, and Tashima, Of the Ninth Circuit, sitting by designation.    
Opinion by Torruella, Circuit Judge.

Counsel

For Appellant: William A. Hahn and Hahn & Matkov

For Appellee:   Janice K. Redfern, Senior Litigation Counsel, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, and Linda S. Wernery, Assistant Director