Rusli

Rusli v. Holder

Good Law
380 F. App'x 733
United States Court of Appeals for the Ninth CircuitJune 1, 2010No. 06-72256California419 words

Opinion

Lead Opinion

MEMORANDUM **

Edy Sumitra Rusli, 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 decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and deny in part and grant in part the petition for review.

The record does not compel the conclusion that Rush’s difficulties in finding an attorney established extraordinary circumstances excusing his untimely filed asylum application. See 8 C.F.R. § 1208.4 (a)(5); Husyev v. Mukasey, 528 F.3d 1172 , 1181—82 (9th Cir.2008). Accordingly, Rush’s asylum claim is denied.

Substantial evidence also supports the agency’s finding that the incidents in Rush’s childhood where he was ridiculed, robbed, and struck by a stone constituted harassment rather than persecution, see Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (holding that unfulfilled threats by citizens based on ethnicity constitute harassment…

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.