Hindarsin

Hindarsin v. Mukasey

Good Law
288 F. App'x 382
United States Court of Appeals for the Ninth CircuitJuly 31, 2008No. 05-70457California237 words

Opinion

Lead Opinion

MEMORANDUM **

Alberto Hindarsin, a native and citizen of Indonesia, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision (“IJ”) denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the agency’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

The record does not compel the conclusion that Hindarsin’s asylum application was timely filed or that the untimely filing of the asylum application should be excused. See 8 C.F.R. § 1208.4 (a)(5); Ramadan v. Gonzales, 479 F.3d 646, 648, 657-58 (9th Cir.2007) (per curiam).

In addition, substantial evidence supports the IJ’s finding that Hindarsin failed to establish a clear probability of persecution on account of his Christian religion because his mother, an active church member, and his sister, a church member and full-time employee of the church, have continued to live in Indonesia openly practicing their religion for eight…

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