Winata
Winata v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Indra Winata, 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, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, and we review de novo the agency’s legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.
The record does not compel the conclusion that Winata established changed or extraordinary circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). Accordingly, his asylum claim fails.
Substantial evidence supports the agency’s determination that Winata’s experiences, including the burning down of his business in the 1998 riots, his wife’s arrest, and the past harassment and trouble experienced by his family, do not rise to the level of persecution. See Khouras *545 sany v. INS, 208 F.3d 1096, 1100-01 (9th Cir.2000) (harassment, questioning by police, and forced closing of Palestinian…