Tangkilisan

Tangkilisan v. Mukasey

Good Law
304 F. App'x 619
United States Court of Appeals for the Ninth CircuitDecember 26, 2008No. 06-75593California267 words

Opinion

lead Opinion

MEMORANDUM **

Jathniel Rei Tangkilisan, 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 and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of Tangkilisan’s asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); Husyev v. Mukasey, 528 F.3d 1172, 1178-79 (9th Cir. 2008); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). Accordingly, Tangkilisan’s asylum claim fails.

Substantial evidence supports the BIA’s finding that Tangkilisan’s experiences do not constitute past persecution, see Nagoulko, at 1016-18, and Tangkilisan has not demonstrated any basis for past persecution under Hernandez-Ortiz v. Gonzales, 496 F.3d 1042, 1045-46 (9th Cir. 2007). In addition, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th…

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.