Sumual

MEMORANDUM **

James Albert Sumual, 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 decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for substantial evidence, Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003), we deny in part and grant in part the petition for review, and remand.

The record does not compel the conclusion that Sumual’s untimely filing of his asylum application should be excused due to changed or extraordinary circumstances. See 8 U.S.C. § 1158 (a)(2)(D); 8 C.F.R. § 208.4 (a)(4), (5).

Substantial evidence supports the denial of CAT relief because Sumual did not show it is more likely than not that he will be tortured if he returns to Indonesia. See Singh v. Gonzales, 439 F.3d 1100, 1113 (9th Cir.2006).

We deny Sumual’s request to remand the case for review of evidence following the December 26, 2004, earthquake and tsunami. See Ortiz v. INS, 179 F.3d 1148, 1152 (9th Cir.1999); see also 8 C.F.R. § 1003.2 (a)…