Richard Hutasoit v. Eric H. Holder Jr.

MEMORANDUM

Richard Hutasoit, a native and citizen of Indonesia, petitions pro se 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 relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and grant in part the petition for review, and we remand.

The record does not compel the conclusion that Hutasoit established changed circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007). Accordingly, his asylum claim fails.

Substantial evidence supports the agency’s finding that Hutasoit’s experiences in Indonesia, even considered cumulatively, did not rise to the level of past persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). In addition, the record does not compel the conclusion that there is a pattern or practice of persecution of Christians in Indonesia. See Wakkary v. Holder, 558 F.3d…