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SURYA v. GONZALES

No. 05-2493.

454 F.3d 874 (2006)

Fnu SURYA, Petitioner, v. Alberto GONZALES, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: July 21, 2006.

Attorney(s) appearing for the Case

Gregory S. Bachmeier, argued, Minneapolis, MN, for appellant.

Christian A. Martinez, argued, Asst. U.S. Attorney, Omaha, NE.

Before MURPHY, MELLOY, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

Fnu Surya, a native and citizen of Indonesia, entered the United States in 2000. He was charged with being removable for overstaying his visa. He conceded the charge and applied for asylum, claiming he suffered persecution from the Dayak people of Indonesia because he is Madurese. The immigration judge ("IJ") denied his request, finding that he failed to file for asylum within one year after arriving...

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