Indraputra

Indraputra v. Holder

Good Law
328 F. App'x 405
United States Court of Appeals for the Ninth CircuitJune 30, 2009No. 05-75481California314 words

Opinion

Lead Opinion

MEMORANDUM **

Ceppy Indraputra, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dis *406 missing 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 and will uphold the agency’s decision unless the evidence compels a contrary conclusion. Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We deny the petition.

The record does not compel the conclusion that changed circumstances excused the untimely filing of Indraputra’s asylum application. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). Accordingly, we deny the petition with respect to the asylum claim.

Substantial evidence supports the agency’s denial of Indraputra’s withholding of removal claim because he conceded that he was not harmed in the past and he failed to establish that he faces a clear probability of future persecution in Indonesia. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir.2003). Petitioner’s…

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