Tuifagalele

MEMORANDUM

Enele Maafu Tuifagalele, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and 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 under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and de novo claims of due process violations in removal proceedings, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We review for abuse of discretion the BIA’s denial of the motion to remand. Cano-Metida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petition for review.

Substantial evidence supports the IJ’s finding that, even if Tuifagalele’s asylum application was timely, the discrimination and harassment he experienced on account of his Tongan ethnicity and his support for Indo-Fijians did not rise to the level of persecution. See Nagoulko, 333 F.3d at 1016-17 ; see also Padash v. INS, 358 F.3d 1161, 1166 (9th Cir.2004). Substantial evidence also supports the IJ’s…