Pandapotan

Pandapotan v. Holder

Good Law
316 F. App'x 583
United States Court of Appeals for the Ninth CircuitMarch 3, 2009No. 06-75145California295 words

Opinion

Lead Opinion

MEMORANDUM **

Verdu Pandapotan, 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

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

Substantial evidence supports the BIA’s denial of withholding of removal because Pandapotan’s experiences, considered both individually and cumulatively, did not rise to the level of past persecution. See Na-goulko, 333 F.3d at 1016-18 . In addition, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies to Christian Indonesians in the…

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