Viridiana v. Holder

OPINION

PAEZ, Circuit Judge:

Winnie Viridiana, an Indonesian citizen of Chinese descent, petitions for review of the Board of Immigration Appeals (“BIA”) order affirming an Immigration Judge’s (“I J’s”) denial of her claims for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252, and we grant the petition and remand.

The principal issue that we address in this appeal is whether the IJ correctly determined that Viridiana’s asylum application was untimely. An alien seeking asylum must file an application within one year of arrival in the United States. 8 U.S.C. §…