Charles Rousseau v. Eric Holder, Jr.

MEMORANDUM

Charles Mark Rousseau, 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 the agency’s factual findings, and we review de novo the agency’s legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

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

The record does not compel the conclusion that Rousseau’s experiences with militant Muslims and the Indonesian police, cumulatively considered, rise to the level of persecution. See Zehatye v. Gonzales, 453 F.3d 1182, 1186 (9th Cir.2006) (Eritrean government’s seizure of father’s business, along with some degree of social ostracism, did not rise to the level of persecution); Halim v. Holder, 590 F.3d 971, 975-76 (9th…