Kusuma

MEMORANDUM **

Danniel Kusuma, 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 (“IJ”) 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 . We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we review de novo due process claims, Simeonov v. Ashcroft, 371 F.3d 532, 535 *877 (9th Cir.2004). We deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Kusuma established changed or extraordinary circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). Accordingly, his claim for asylum, including humanitarian asylum, fails.

The record does not compel the conclusion that Kusuma’s traffic accident involving a physical altercation was on account of his Chinese ethnicity or Christian religion. See Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir.2009) (“[t]he Real ID Act requires that a protected…