Sihotang
Sihotang v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
Jahotman Sihotang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), we deny in part and dismiss in part the petition for review.
The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of Sihotang’s asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). Accordingly, Sihotang’s asylum claim fails.
Substantial evidence supports the agency’s denial of withholding of removal because Sihotang’s experiences did not constitute past persecution and Sihotang failed to establish that it was more likely than not that he will be persecuted if he returns to Indonesia. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir. 2003).