Bambang Marihot v. Eric H. Holder Jr.

Good Law
448 F. App'x 657
United States Court of Appeals for the Ninth CircuitAugust 16, 201108-74208California288 words

Opinion

Opinion

MEMORANDUM

Bambang Marihot, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) 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, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

The record does not compel the conclusion that Marihot established changed circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007). Accordingly, his asylum claim fails.

Substantial evidence supports the IJ’s adverse credibility finding because Marihot’s testimony was inconsistent with his asylum application as to where he was living during the alleged attacks, see Li, 378 F.3d at 964 (“[s]o long as one of the identified grounds is supported by substantial evidence and goes to the heart of [the] claim of persecution, we are bound to accept the IJ’s adverse credibility finding”) (internal quotation omitted), and the agency…

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