Sumardi

Sumardi v. Mukasey

Good Law
276 F. App'x 707
United States Court of Appeals for the Ninth CircuitMay 5, 2008No. 04-74436California301 words

Opinion

Lead Opinion

MEMORANDUM **

Catherine Sumardi, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“U”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir.2003), and we deny the petition for review.

The record does not compel the conclusion that Sumardi’s untimely filing of her asylum application should be excused due to extraordinary circumstances. See 8 U.S.C. § 1158 (a)(2)(D); see also 8 C.F.R. § 208.4 (a)(5). Accordingly, we deny the petition as to her asylum claim.

Substantial evidence supports the IJ’s finding that Sumardi did not establish that she suffered past persecution. See Nagoulko, 333 F.3d at 1016-17 . In addition, the record does not compel a finding that it is more likely than not that Sumardi will be persecuted on account of her religion or ethnicity if she return to Indonesia. See Hakeem v. INS, 273 F.3d 812, 816-17 (9th Cir.2001); see also Lolong v. Gonzales, 484 F.3d 1173,…

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