Sumanti

Sumanti v. Mukasey

Good Law
302 F. App'x 678
United States Court of Appeals for the Ninth CircuitDecember 3, 2008No. 06-72568California355 words

Opinion

lead Opinion

MEMORANDUM **

Stanley Reynaldo John Sumanti, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008), and we dismiss in part and deny in part the petition for review.

*680 We lack jurisdiction to review Sumanti’s contention that changes in asylum law excuse the untimely filing of his application because he failed to raise this issue to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

The record does not compel the conclusion that Sumanti has otherwise established either changed or extraordinary circumstances excusing his untimely asylum application. See 8 U.S.C. § 1158 (a)(2)(D); see also Ramadan v. Gonzales, 479 F.3d 646, 648, 657-58 (9th Cir.2007) (per curiam).

Substantial evidence supports the BIA’s finding of no past persecution because Sumanti’s experiences do not rise…

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