Edwar Tigor v. Eric H. Holder Jr.

MEMORANDUM

Edwar Tigor, 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 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 de novo questions of law and review findings of fact for substantial evidence. Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We deny the petition for review.

Substantial evidence supports the conclusion that changed circumstances do not excuse Tigor’s untimely asylum application. See 8 U.S.C. § 1158 (a)(2)(D); 8 C.F.R. § 1208.4 (a)(4). Accordingly, Ti-gor’s asylum claim fails.

With respect to withholding of removal, the record does not compel the conclusion that Tigor established past persecution, because the harassment and discrimination he experienced in Indonesia due to his Christian faith did not rise to the level of persecution. See Wakkary v. Holder, 558 F.3d 1049, 1059-60 (9th Cir.2009) (rejecting claim that being beaten and robbed by youths and accosted in the family car by a threatening mob compelled…