Laoh

Laoh v. Mukasey

Good Law
269 F. App'x 681
United States Court of Appeals for the Ninth CircuitMarch 10, 2008No. 04-74841California309 words

Opinion

lead Opinion

MEMORANDUM **

Benny Laoh (“Laoh”) and his son, Febri Octavianus (“Octavianus”), natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) decision adopting and affirming an Immigration Judge’s (“IJ”) order denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

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

With regard to Laoh and Octavianus’ claims for withholding of removal, substantial evidence supports the IJ’s finding that they have 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 *682 F.2d 597, 599-600 (9th Cir.1985) (petitioner failed to demonstrate that he would be singled out for future persecution). Accordingly, we deny their claims…

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