Matindas

MEMORANDUM **

Yaffet Matindas, 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 *670 for substantial evidence. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and we remand.

The record does not compel the conclusion that changed or extraordinary circumstances excused Matindas’ untimely filed 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, Matindas’ asylum claim fails.

Substantial evidence supports the BIA’s denial of CAT relief because Matindas failed to establish it is more likely than not that he will be tortured upon return to Indonesia. See Wakkary, 558 F.3d at 1067-68 .

Matindas suffered death threats, the destruction of two businesses, two attacks where his car was stopped and stolen, and a forced relocation, all on account of…