Nancy Liem v. Eric Holder, Jr.

MEMORANDUM

Nancy Sukmawati Liem, a native and citizen of Indonesia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. 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), and we deny the petition for review.

The record does not compel the conclusion that Liem’s untimely asylum application is excused by extraordinary circumstances, including ineffective assistance of counsel. See 8 U.S.C. § 1158 (a)(2)(D); Toj-Culpatan v. Holder, 612 F.3d 1088, 1091-92 (9th Cir.2010) (per curiam) (nothing extraordinary about petitioner’s inability to speak English, detention, or transfer of his case); Balam-Chuc v. Mukasey, 547 F.3d 1044, 1050 (9th Cir.2008) (no ineffective assistance where the failure to file a visa application did not relate to the substance of an ongoing proceeding).

Substantial evidence supports the agency’s finding that Liem failed to establish the harm she suffered rose to the level of past persecution. See Wakkary v.…