Mudeng

MEMORANDUM **

David Wilson Mudeng, with his wife and children, natives and citizens of Indonesia, *557 petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to remand and dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review for abuse of discretion the BIA’s denial of a motion to remand, Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition for review.

The record does not compel the conclusion that changed or extraordinary circumstances excused Mudeng’s untimely filed asylum application. See 8 C.F.R. § 1208.4 (a)(4),(5). His asylum claim therefore fails.

Substantial evidence supports the agency’s denial of withholding of removal, because Mudeng failed to demonstrate the harassment he suffered rose to the level of persecution, see Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003), and he did not establish a clear probability of persecution if he returns to…