Bong

Bong v. Mukasey

Good Law
269 F. App'x 676
United States Court of Appeals for the Ninth CircuitMarch 10, 2008No. 05-74083California303 words

Opinion

lead Opinion

MEMORANDUM **

Ismed Sobin Bong, an Indonesian citizen of Chinese descent, petitions for review of the Board of Immigration Appeals’ decision adopting and affirming an Immigration Judge’s (“IJ”) order denying 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 Sael v. Ashcroft, 386 F.3d 922, 924 (9th Cir.2004), and we deny the petition.

The record does not compel the conclusion that Bong’s untimely filing of his asylum application should be excused. See 8 C.F.R. § 208.4 (a)(4)-(5). Accordingly, we deny the petition as to his asylum claim.

With regard to the claim for withholding of removal, substantial evidence supports the IJ’s conclusion that Bong has not demonstrated a clear probability of future persecution. See Hakeem v. INS, 273 F.3d 812, 816-17 (9th Cir.2001). We decline to reach the question of whether disfavored group analysis applies to withholding of removal claims because, even if Bong was permitted to make a lesser showing of individualized risk under the disfavored group analysis, see Sael, 386 F.3d at 925 , the record…

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