Yamin Tedja v. Eric Holder, Jr.

Good Law
472 F. App'x 843
United States Court of Appeals for the Ninth CircuitMay 17, 201209-73460California284 words

Opinion

Opinion

MEMORANDUM

Yamin Tedja, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications 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, Chawla v. Holder, 599 F.3d 998, 1001 (9th Cir.2010), and we deny the petition for review.

The record does not compel the conclusion that Tedja established changed circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4). Accordingly, his asylum claim fails.

Tedja’s claim for withholding of removal on the basis of his Chinese ethnicity and Christian religion also fails. Substantial evidence supports the BIA’s conclusion that Tedja has not demonstrated the harms he experienced in Indonesia rise to the level of persecution. See Wakkary v. Holder, 558 F.3d 1049, 1059-60 (9th Cir.2009) (beatings, robbery, and threats by mob did not compel a past persecution finding). Further, substantial evidence supports the BIA’s conclusion that Tedja did not show it is more likely than…

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