Nuch Ngantung v. Eric H. Holder Jr.

Good Law
423 F. App'x 676
United States Court of Appeals for the Ninth CircuitMarch 17, 201108-71181California428 words

Opinion

Opinion

MEMORANDUM

Nuch Tompunu Ngantung, a native and citizen of Indonesia, petitions pro se 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”). Our juris diction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Ngantung filed his asylum application within a reasonable period of time given any changed or extraordinary circumstances. See 8 C.F.R. § 1208 (a)(4), (5); Husyev v. Mukasey, 528 F.3d 1172, 1178-81 (9th Cir.2008). Accordingly, his asylum claim fails.

Substantial evidence supports the agency’s finding that the harassment Ngantung experienced on account of his Christian religion and the threats made to him while working as a ship captain did not rise to the level of past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003) (being teased, discriminated against, harassed, and fired…

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