Lahamendu
Lahamendu v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
David Gakia Lahamendu, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“U”) 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 Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition.
The record does not compel the conclusion that Lahamendu’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 Lahamendu’s asylum claim.
With regard to the claim for withholding of removal, substantial evidence supports the IJ’s finding that Lahamendu has not demonstrated a clear probability of future persecution. See Lolong v. Gonzales, 484 F.3d 1173, 1179-81 (9th Cir.2007) (en banc) (petitioner failed to demonstrate the existence of a pattern and practice of persecution); Maroufi v. INS, 772 F.2d 597, 599-600 (9th Cir.1985) (petitioner failed to demonstrate that he would be singled out for future persecution).