Siemson

MEMORANDUM

Aimellia Kristenson Siemson and Johanus Kristanto, natives and citizens of In donesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications 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), and we review de novo due process claims based on ineffective assistance of counsel, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of Johanus Kristanto’s asylum application. See 8 C.F.R. § § 1208.4(a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). Accordingly, his asylum claim fails.

Petitioners do not contend they suffered past persecution in Indonesia. Substantial evidence supports the agency’s finding that petitioners do not have a well-founded fear of future persecution, because, even as a members of a disfavored group, they failed…