Karavaki

Karavaki v. Holder

Good Law
338 F. App'x 719
United States Court of Appeals for the Ninth CircuitJuly 27, 2009No. 06-73072California290 words

Opinion

Lead Opinion

MEMORANDUM **

Joeli Bila Karavaki, a native and citizen of Fiji, petitions for a review of the Board of Immigration Appeals’ order adopting and affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Kaiser v. Ashcroft, 390 F.3d 653, 657 (9th Cir.2004), and we deny the petition for review.

The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of Karavaki’s asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); see also Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam); Husyev v. Mukasey, 528 F.3d 1172, 1178-79 (9th Cir.2008). Accordingly, Karavaki’s asylum claim fails.

Substantial evidence supports the IJ’s findings that Karavaki did not establish that his past experiences rise to the level of persecution, and that the acts described were committed by the government or forces the government is unable or unwilling to control. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995); see also Castro-Perez…

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