Tampubolon

Tampubolon v. Mukasey

Good Law
305 F. App'x 368
United States Court of Appeals for the Ninth CircuitDecember 26, 2008No. 05-73129California283 words

Opinion

Lead Opinion

MEMORANDUM **

Sofyan Tampubolon, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing 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 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 Tampubolon has shown changed circumstances to excuse the untimely filing of his asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); see also Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). Accordingly, we deny the petition as to Tampubolon’s asylum claim.

Substantial evidence supports the IJ’s determination that the two attacks and discrimination suffered by Tampubolon did not rise to the level of past persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). In addition, even if the *369 disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies to Christian Indonesians…

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