Tri Sanbudiarto v. Eric H. Holder Jr.

MEMORANDUM

Tri Sanbudiarto, native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

The record does not compel the conclusion that Sanbudiarto’s untimely asylum application is excused by changed or extraordinary circumstances. See 8 U.S.C. § 1158 (a)(2)(D); Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per curiam); Toj-Culpatan v. Holder, 612 F.3d 1088, 1091 (9th Cir.2010) (per cu- riam). Accordingly, Sanbudiarto’s asylum claim fails.

Substantial evidence supports the agency’s finding that the instances of discrimination, the attack on Sanbudiarto’s home and the blocking of the church entrance on Christmas in 1999, did not rise to the level of past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003). In addition,…