Oenar

Oenar v. Mukasey

Good Law
291 F. App'x 866
United States Court of Appeals for the Ninth CircuitSeptember 10, 2008No. 04-71206California253 words

Opinion

Lead Opinion

MEMORANDUM **

Lydia Christina Oenar, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s (“IJ”) order denying her 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, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition.

The record does not compel the conclusion that Oenar has shown extraordinary circumstances to excuse the untimely filing of her asylum application. See 8 C.F.R. § 208.4 (a)(5). Accordingly, we deny the petition as to the asylum claim.

Substantial evidence supports the IJ’s denial of withholding of removal. She did not demonstrate past persecution and even *867 if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies in the context of withholding of removal, Oenar has not demonstrated that it is more likely than not that she will be persecuted if she returned to Indonesia. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th…

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