Eko Sadewo v. Eric Holder, Jr.

MEMORANDUM

Eko Paku Sadewo, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

The record does not compel the conclusion that Sadewo established changed or extraordinary circumstances to excuse his untimely asylum application. See 8 C.F.R. §§ 1208.4 (a)(4), (5). Accordingly, Sade-wo’s asylum claim fails.

Substantial evidence supports the BIA’s determination that the harm Sadewo suffered in Indonesia does not rise to the level of persecution. See Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir.2009). Further, substantial evidence supports the BIA’s determination that, even under a disfavored group analysis, Sadewo failed to show sufficient individualized risk to establish that it is more likely than not he would be persecuted if removed to Indonesia. See id. at 979 ; see also Wakkary, 558 F.3d at 1066 (“[a]n…