Benny Kurnia Iskandar v. Attorney General of the United States

*Honorable Arthur L. Alarcon, Senior Circuit Judge for the Ninth Circuit Court of
Appeals, sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 05-3514
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BENNY KURNIA ISKANDAR,
Petitioner
v.
ATTORNEY GENERAL OF THE UNITED STATES,
Respondent
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On Petition for Review of an Order
of the Board of Immigration Appeals
No. A95-473-977
Immigration Judge: Honorable Miriam K. Mills
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Submitted Under Third Circuit LAR 34.1(a)
April 27, 2006
Before: SCIRICA, Chief Judge, and NYGAARD, Circuit Judge,
and ALARCON, Circuit Judge.*
(Filed May 5, 2006)

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OPINION OF THE COURT
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NYGAARD, Circuit Judge.
Petitioner, Benny Kurnia Iskandar, petitions for review of the decision of
the Board of Immigration Appeals which denied his application for asylum because it was
untimely. Petitioner filed his asylum application more than three years after he arrived in
the United States. Pursuant to 8 U.S.C. § 1158(a)(2)(B), an alien must file his application
for asylum within one year of his arrival in the United States. Only upon a showing of
changed circumstances which materially affect the alien’s eligibility for asylum or of
extraordinary circumstances explaining the delay will this limitations period be extended.
See 8 U.S.C. § 1158(a)(2)(D). Because Petitioner filed his application more than three
years after his arrival in this country, and there existed no reason for extending the one
year limitations period, the Immigration Judge denied his application as untimely. The
Board adopted and affirmed this decision.
This Court lacks jurisdiction to review the Board’s denial of Petitioner’s
asylum application as untimely. See 8 U.S.C. § 1158(a)(3); Tarrawally v. Ashcroft, 338
F.3d 180, 185 (3d Cir. 2003). We will therefore dismiss the petition for review.

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