Simbolon

Simbolon v. Holder

Good Law
344 F. App'x 327
United States Court of Appeals for the Ninth CircuitAugust 31, 2009No. 07-72019California361 words

Opinion

Lead Opinion

MEMORANDUM **

Hotman-Efendy Simbolon, a native and citizen of Indonesia, seeks review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, *328 relief under the Convention Against Tor-toe (“CAT”), and denying his motion to remand proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, see Hoxha v. Ashcroft, 319 F.3d 1179, 1182, n. 4 (9th Cir.2003) and denials of motions to remand for abuse of discretion, see Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the agency’s finding that Simbolon did not show changed circumstances to excuse the late filing of his asylum application. See 8 U.S.C. § 1158 (a)(2)(D); 8 C.F.R. § 1208.4 (a)(4).

In addition, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies to Simbolon, a Seventh Day Adventist Christian, he has not demonstrated the requisite individualized risk of persecution. See Lolong v. Gonzales, 484 F.3d 1173, 1180-81 (9th Cir.2007) (en banc)…

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