Soedjadi

Soedjadi v. Holder

Good Law
328 F. App'x 551
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 06-72898California349 words

Opinion

Lead Opinion

MEMORANDUM **

Makky Prihandono Soedjadi, 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 (“IJ”) decision denying his application for asylum and withholding of removal. 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 circumstances or extraordinary circumstances “directly related to the failure to meet the one-year deadline” excused the untimely filing of Soedja-di’s asylum application. See 8 C.F.R. § 208.4 (a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). The record also does not support Soedjadi’s contention that the IJ applied an incorrect standard of proof when determining whether he had established changed or extraordinary circumstances. Accordingly, Soedjadi’s asylum claim fails.

As to his withholding claim, substantial evidence supports the IJ’s finding that the two attacks Soedjadi suffered in Indonesia did not rise to the level of persecution. See Prasad…

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