Longdong

Longdong v. Holder

Good Law
357 F. App'x 931
United States Court of Appeals for the Ninth CircuitDecember 14, 2009No. 07-71908California309 words

Opinion

Lead Opinion

MEMORANDUM **

Johny Franky Longdong, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and review for substantial evidence factual findings. See Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We deny the petition for review.

The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of Longdong’s asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). We reject Longdong’s equal protection and due pro *932 cess contentions regarding the one-year time bar. See Hernandez-Mezquita v. Ashcroft, 293 F.3d 1161, 1163-65 (9th Cir.2002) (rejecting an equal protection and due process challenge to statutory time limitation where such limitation served rational purpose). Therefore, we deny the petition as to Longdong’s asylum claim.

Substantial evidence supports the agency’s finding that Longdong failed to establish he suffered harm that rose to the level of past persecution on…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.