Walean

Walean v. Holder

Good Law
361 F. App'x 734
United States Court of Appeals for the Ninth CircuitDecember 28, 200907-71232California290 words

Opinion

Opinion

MEMORANDUM

Jerry Roy Walean, 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 and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, Hoxha v. Ashcroft, 319 F.3d 1179 , 1182 n. 4 (9th Cir.2003), and we deny the petition for review.

The record does not compel the conclusion that Walean has shown changed circumstances to excuse the untimely filing of his asylum application. See 8 U.S.C. § 1158(a)(2)(D); 8 C.F.R. § 1208.4 (a)(4); see also Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per curiam).

The record does not compel the conclusion that there is a clear probability Walean would be persecuted on account of his westernization or United States citizen children if he returned to Indonesia. See Ramadan, 479 F.3d at 658 . Even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies to Walean, a Seventh Day Adventist Christian, he has not demonstrated the requisite individualized risk of persecution. See…

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