Ricky Sulistio v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Ricky Wisnu Sulistio and his family, 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, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the agency’s factual findings for substantial evidence. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and remand for further proceedings.
The record does not compel the conclusion that petitioners established changed circumstances to excuse their untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 656-658 (9th Cir.2007) (per cu-riam). Accordingly, petitioners’ asylum claim fails.
Substantial evidence supports the agency’s denial of CAT relief because petitioners failed to show it is more likely than not they will be tortured with the consent or acquiescence of the government if returned to Indonesia. See Wakkary, 558 F.3d at 1067-68 . Accordingly, petitioners’ CAT claim fails.