Siahaan

Siahaan v. Mukasey

Good Law
302 F. App'x 682
United States Court of Appeals for the Ninth CircuitDecember 3, 2008No. 06-72179California294 words

Opinion

lead Opinion

MEMORANDUM **

Sihar Junjungan Siahaan, a native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application 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, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and deny the petition for review.

*684 The record does not compel the conclusion that Siahaan has demonstrated changed circumstances that excuse the untimely filing of his asylum application. See 8 C.F.R. § 208.4 (a)(4); see also Ramadan v. Gonzales, 479 F.3d 646, 657 (9th Cir.2007) (per curiam). Accordingly, we deny the petition as to Siahaan’s asylum claim.

Substantial evidence supports the BIA’s denial of withholding of removal because the harassment and physical harm Siahaan suffered in Indonesia did not rise to the level of past persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). Furthermore, the record does not compel the conclusion that Siahaan established a clear…

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