Nikko

Nikko v. Mukasey

Good Law
304 F. App'x 647
United States Court of Appeals for the Ninth CircuitDecember 26, 2008No. 06-71961California315 words

Opinion

lead Opinion

MEMORANDUM **

Nikko and her husband Lanny Sudjono, natives and citizens of Indonesia, petition pro se for review the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that petitioners have shown extraordinary or changed circumstances to excuse the untimely filing of their asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). Accordingly, we deny the petition as to the asylum claim.

Substantial evidence supports the agency’s denial of withholding of removal, because petitioners failed to demonstrate the harassment they suffered rose to the level of past persecution. See Nagoulko, 333 F.3d at 1016-18 . Furthermore, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th *649 Cir.2004) applies in the context of withholding of removal, petitioners…

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.