Danun

MEMORANDUM

Johanis Danun, 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 (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and we remand.

The record does not compel the conclusion that Danun established changed circumstances to excuse his untimely filed asylum application. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). Accordingly, we deny the petition as to Danun’s asylum claim.

Substantial evidence supports the agency’s denial of CAT relief because Danun failed to show it is more likely than not that he would be tortured if removed to Indonesia. See Wakkary, 558 F.3d at 1067-68 .

In concluding Danun did not suffer past persecution, the BIA did not consider the events in the 1950s that the IJ found constituted persecution…