Herwanto

Herwanto v. Mukasey

Good Law
302 F. App'x 680
United States Court of Appeals for the Ninth CircuitDecember 3, 2008No. 06-72323California340 words

Opinion

lead Opinion

MEMORANDUM **

Bambang Herwanto, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order summarily affirming his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We *682 review for substantial evidence factual findings, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008), and de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

The record does not compel the conclusion that changed circumstances or extraordinary circumstances excused the untimely filing of Herwanto’s 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 IJ’s finding of no past persecution because Herwanto’s experiences do not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). Furthermore, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.