Sibuea

MEMORANDUM

Togar Marulitua Sibuea, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and dismiss in part and deny in part the petition for review.

We lack jurisdiction over Sibuea’s claim that extraordinary circumstances excuse the untimely filing of his asylum application because the particular argument that Sibuea raises in his opening brief was not exhausted before the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). Therefore, we dismiss the petition with respect to Sibuea’s asylum claim.

Substantial evidence supports the agency’s determination that fundamental changes in circumstances in Indonesia rebut the presumption that Sibuea’s life or freedom would be threatened on account of his beliefs. See Sowe v. Mukasey, 538 F.3d 1281, 1285-86, 1288 (9th Cir.2008) (agency rationally construed…