Budianto

MEMORANDUM ***

David Budianto, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review *900 the IJ’s factual findings for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1185 (9th Cir.2006), and we deny the petition for review.

The record does not compel the conclusion that the untimeliness of Budianto’s asylum application — filed more than four years after his arrival in the United States — is excused by extraordinary circumstances. See 8 U.S.C. § 1158 (a)(2)(d); Toj-Culpatan v. Holder, 612 F.3d 1088, 1091 (9th Cir.2010) (per curiam). We also reject Budianto’s contention that our decision in Sael v. Ashcroft, 386 F.3d 922 (9th Cir.2004), is a changed circumstance that materially affected his eligibility for asylum. See Tampubolon v. Holder, 610 F.3d 1056 , 1059 n. 4 (9th Cir.2010). Accordingly, Budianto’s asylum claim fails.

Substantial evidence supports the IJ’s finding, adopted by…