Tandel

Tandel v. Mukasey

Good Law
284 F. App'x 432
United States Court of Appeals for the Ninth CircuitJuly 1, 2008No. 05-72611California260 words

Opinion

Lead Opinion

MEMORANDUM **

Rahulkumar Haribhai Tandel, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Tor *433 ture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

The record does not compel the conclusion that Tandel has shown changed or extraordinary circumstances to excuse the untimely filing of his asylum application. See Ramadan v. Gonzales, 479 F.3d 646, 656-57 (9th Cir.2007) (per curiam).

Substantial evidence supports the agency’s finding that the harm Tandel experienced in India did not rise to the level of past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006). Furthermore, substantial evidence supports the agency’s finding that Tandel failed to establish that it is more likely than not that he will be subject to persecution if returned to India. See Hoxha v. Ashcroft, 319 F.3d 1179, 1185 (9th Cir.2003). We therefore…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.