Ngantung

Ngantung v. Holder

Good Law
320 F. App'x 751
United States Court of Appeals for the Ninth CircuitMarch 31, 2009No. 06-74241California357 words

Opinion

Lead Opinion

MEMORANDUM **

Hermanus R.D. Ngantung, a native and citizen of Indonesia, petitions pro se 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”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Ngan-tung’s contention that he established changed or extraordinary circumstances to excuse the untimely filing of his asylum application because he did not exhaust this issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Substantial evidence supports the BIA’s conclusion that Ngantung failed to establish either past persecution or a clear probability of future persecution, because Ngantung did not establish a relationship between the murder of his son and the threats and discrimination he suffered in Indonesia or his fear of future persecution. See Arriaga-Barrientos v. INS, 937 F.2d…

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