Guntoro

Guntoro v. Mukasey

Good Law
264 F. App'x 644
United States Court of Appeals for the Ninth CircuitJanuary 18, 2008No. 04-74378California300 words

Opinion

lead Opinion

MEMORANDUM **

Andreas Torry Guntoro, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision adopting and affirming an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition.

The record does not compel the conclusion that Guntoro’s untimely filing of his asylum application should be excused. See 8 C.F.R. § 208.4 (a)(5). Accordingly, we deny the petition as to his asylum claim.

With regard to Guntoro’s claim for withholding of removal, substantial evidence supports the IJ’s finding that he has not demonstrated a clear probability of future persecution. See Nagoulko, 333 F.3d at 1016-18 (holding that teasing, harassment, and threats did not rise to the level of *645 persecution); Lolong v. Gonzales, 484 F.3d 1173, 1179-81 (9th Cir.2007) (en bane) (holding that petitioner failed to demonstrate either an individualized risk of persecution or the existence of a pattern and…

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