Henri Nababan v. Eric Holder, Jr.

MEMORANDUM

Henri Nababan and Harlena Rose Silal-ahi, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their 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 the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

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

Substantial evidence supports the BIA’s conclusion that petitioners did not establish their experiences in Indonesia rose to the level of persecution. See Wakkary, 558 F.3d at 1059-60 (being beaten, robbed of sandals and pocket money, and accosted by a mob did not compel a finding of past persecution). Substantial evidence also supports the BIA’s conclusion that even…