Sutjipto

Sutjipto v. Mukasey

Good Law
305 F. App'x 380
United States Court of Appeals for the Ninth CircuitDecember 26, 2008No. 04-73098California354 words

Opinion

Lead Opinion

MEMORANDUM **

Nani P. Sutjipto, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order summarily dismissing her appeal from an immigration judge’s (“IJ”) amended decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review factual findings for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we review due process claims de novo, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of Sutjipto’s asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir. *381 2007) (per curiam). Accordingly, Sutjipto’s asylum claim fails.

Sutjipto bases her claim for withholding of removal on a fear of future persecution, not on a showing of past persecution. Substantial evidence supports the IJ’s finding that Sutjipto failed to establish that it was more likely than not that she will be persecuted on account of her conversion to Christianity if she returns to Indonesia. See…

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