Budhijanto Sukirdjan v. Eric Holder, Jr.

MEMORANDUM

Budhijanto Sukirdjan, 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, 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, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

Substantial evidence supports the agency’s finding that Sukirdjan failed to demonstrate extraordinary circumstances sufficient to excuse the delay in filing his asylum application. See 8 C.F.R. § 1208.4 (a)(5). Accordingly, we deny the petition as to Sukirdjan’s asylum claim.

Sukirdjan testified to mistreatment in Indonesia, including harassment, students throwing rocks at his middle school, jumping off a bus and suffering minor injuries, and the theft of his brother’s motorcycle. The record does not compel the conclusion that Sukirdjan’s experiences, even considered cumulatively, amount to past persecution. See Wakkary, 558 F.3d at 1059-60 (being beaten by youths, robbed of sandals…