Elisa Wenas v. Eric H. Holder Jr.

MEMORANDUM

Elisa Wenas, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s 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, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

The record does not compel the conclusion that Wenas established changed or extraordinary circumstances to excuse the delay in filing his asylum application beyond the one-year deadline. 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, we deny the petition as to Wenas’ asylum claim.

Substantial evidence supports the agency’s finding that Wenas did not suffer past persecution based on the two discriminatory incidents he experienced in Indonesia. See Wakkary, 558 F.3d at 1059-60 (being beaten by youths, robbed of sandals and pocket money, and accosted by a threatening mob did not compel a past persecution finding). Thus, contrary to Wenas’…