Simanungkalit

Simanungkalit v. Mukasey

Good Law
287 F. App'x 555
United States Court of Appeals for the Ninth CircuitJuly 8, 2008No. 05-70763California276 words

Opinion

Lead Opinion

MEMORANDUM **

Master Andrews Simanungkalit, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing an appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

The record does not compel the conclusion that the changed circumstances exception excused the untimely filing of Simanungkalit’s asylum application. See Ramadan v. Gonzales, 479 F.3d 646, 648, 657 (9th Cir.2007).

Substantial evidence supports the agency’s adverse credibility finding based on *556 Simanungkalit’s omission from his asylum application of the daily stonings during the Muslim fasting month that he endured because the IJ was not unreasonable in considering that, if truthful, Simanungkalit would have thought to mention these “most serious” allegations of mistreatment when he detailed the persecution he allegedly endured in Indonesia. See…

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.