Lama

Lama v. Holder

Good Law
366 F. App'x 800
United States Court of Appeals for the Ninth CircuitFebruary 22, 201006-71581California295 words

Opinion

Opinion

MEMORANDUM

Madhukar Lama, a native and citizen of Nepal, 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 protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review substantial evidence findings of fact, Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006), and we review de novo questions of law, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000). We deny the petition for review.

The record does not compel the conclusion that changed circumstances excused Lama’s untimely filed his asylum application. See 8 C.F.R. § 208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007). Accordingly, Lama’s asylum application fails.

Substantial evidence supports the agency’s conclusion that the harm Lama suffered does not rise to the level of persecution, see Gu, 454 F.3d at 1020-21 , and the agency’s conclusion that Lama failed to establish a clear probability of persecution in Nepal. See Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir.2003).

Substantial evidence also supports the…

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