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Simarmata v. Holder, JR., 1st Cir. (2014)
Simarmata v. Holder, JR., 1st Cir. (2014)
Simarmata v. Holder, JR., 1st Cir. (2014)
Before
Lynch, Chief Judge,
Howard and Thompson, Circuit Judges.
removability
but
applied
for
asylum,
withholding
He
of
Simarmata
stated
that
he
feared
returning
to
asylum was untimely, as it came well over a year after his entry
into the United States. As to the application itself, the IJ found
Simarmata to be credible, but also found it unlikely that he would
be subjected to persecution due to his faith were he to return to
Indonesia.
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in
proceedings.'"
finality
and
the
expeditious
processing
of
material
evidence
that
was
not
available
or
-3-
and
therefore
an
abuse
of
discretion.
More
Lie v.
affidavit
Northwestern
by
Jeffrey
University's
A.
Winters,
Political
Ph.D.,
Science
professor
Department
is
in
who
Not so.
particular
respondent,"
but
or
rather
individualized
"address[ed]
risk
of
harm
deteriorating
to
the
conditions
In addition to focusing
review
in
case
where
this
same
expert
submitted
Att'y Gen. of the United States, 426 F. App'x 104, 108 (3d Cir.
2011).
in August 2012.
However, "[t]he regulation's exception for
untimely motions in the event of previously unavailable evidence
was not meant to extend to cases like this one, where evidence the
BIA found to be previously available is simply newly packaged."
Lie, 729 F.3d at 30 n.1.
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III.
For the reasons stated above, Simarmata's petition for
review is denied.
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