Rajo

Rajo v. Holder

Good Law
360 F. App'x 820
United States Court of Appeals for the Ninth CircuitDecember 28, 2009No. 07-72099California344 words

Opinion

Lead Opinion

MEMORANDUM **

Ronald Henkie Rajo, and his wife and son, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their 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, 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 or extraordinary circumstances excused the untimely filing of petitioners’ asylum application. See 8 C.F.R. § § 1208.4(a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). Accordingly, petitioners’ asylum claim fails.

Substantial evidence supports the agency’s determination that petitioners’ experiences of harassment and religious discrimination do not rise to the level of past persecution. See Wakkary v. Holder, 558 F.3d 1049, 1059-60 (9th Cir.2009). Substantial evidence also supports the agency’s determination that petitioners failed to establish a clear probability of persecution because,…

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