Napitupulu

MEMORANDUM **

Hotman Napitupulu, 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 protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny in part and grant in part the petition for review, and we remand.

The record does not compel the conclusion that changed circumstances excused Napitupulu’s untimely filed asylum application. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). Napitupulu’s contention that the BIA’s decision concerning changed circumstances was boilerplate is without merit. Accordingly, Napitupulu’s asylum claim fails.

Substantial evidence supports the BIA’s determination that the one attack and beating Napitupulu suffered in Indonesia did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). In analyzing Napitupulu’s withholding of removal claim,…