Tarigan

Tarigan v. Ashcroft

Good Law
120 F. App'x 160
United States Court of Appeals for the Ninth CircuitJanuary 14, 2005No. 04-70199; Agency No. A79-194-185California322 words

Opinion

Lead Opinion

MEMORANDUM **

Alfit Tarigan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s denial of his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the BIA’s determination that no changed or *161 extraordinary circumstances excused Tarigan’s untimely filing of his application for asylum. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). Accordingly, we dismiss Tarigan’s petition with respect to his asylum claim.

We have jurisdiction to review the BIA’s denial of Tarigan’s withholding of removal and CAT claims under 8 U.S.C. § 1252 . We review for substantial evidence, and we will uphold the BIA’s decision unless the evidence compels a contrary conclusion. Bellout v. Ashcroft, 363 F.3d 975, 977-79 (9th Cir.2004).

We deny Tarigan’s petition for review with respect to his application for withholding of removal because he has not shown it is “more likely than not” that he will be persecuted if he returned to Indonesia. See Singh v. INS, 134 F.3d 962, 971 (9th Cir.1998). Tarigan was never arrested,…

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