Hartanto

Hartanto v. Holder

Good Law
371 F. App'x 867
United States Court of Appeals for the Ninth CircuitMarch 25, 201007-72670California302 words

Opinion

Opinion

MEMORANDUM

Johny Hartanto, and his brother, Juito Hartanto, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition.

The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of petitioners’ asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). We reject petitioners’ contention that the one-year time bar violates their due process and equal protection rights. See Hernandez-Mezquita v. Ashcroft, 293 F.3d 1161, 1163-65 (9th Cir.2002) (rejecting due process and equal protection challenges to a statutory time limitation where limitation served a rational purpose). Therefore, we deny petitioners’ asylum claim.

Substantial evidence supports the agency’s determination that petitioners failed to establish past persecution, because the…

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