Panjaitan

Panjaitan v. Mukasey

Good Law
272 F. App'x 604
United States Court of Appeals for the Ninth CircuitMarch 28, 2008No. 03-74290California278 words

Opinion

Lead Opinion

MEMORANDUM **

Gjonggi Panjaitan, and his wife Risma, are natives and citizens of Indonesia. They petition for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing their appeal from an immigration judge’s (“IJ”) order denying Panjaitan’s 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, Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006), and we deny the petition.

The record does not compel the conclusion that Panjaitan’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 the asylum claim.

Substantial evidence supports the BIA’s finding that the harm petitioners experienced is insufficient to compel a finding of past persecution, and the finding that Panjaitan has not demonstrated a clear probability of future persecution. See Gu, 454 F.3d at 1019-21 ; see also Hoxha v. Ashcroft, 319 F.3d 1179, 1185 (9th Cir.2003).

*605 Substantial evidence also supports the denial of CAT relief because Panjaitan did not show that it is more likely than not…

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