Adrianus Riwuhida v. Eric H. Holder Jr.

MEMORANDUM

Yati Bong, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her 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). We deny in part and grant in part the petition for review, and we remand.

The record does not compel the conclusion that Bong established changed or extraordinary circumstances excusing the untimely filing of her 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); Tampubolon v. Holder, 610 F.3d 1056 , 1059 n. 4 (9th Cir. 2010). Accordingly, Bong’s asylum claim fails.

Substantial evidence supports the agency’s denial of Bong’s claim for CAT relief because she failed to show it is more likely than not she will be tortured if returned to Indonesia. See Wakkary, 558 F.3d at 1067-68 .

Substantial evidence also supports the agency’s determination that Bong’s experiences in…