Bonar

Bonar v. Mukasey

Good Law
292 F. App'x 547
United States Court of Appeals for the Ninth CircuitSeptember 5, 2008No. 02-74298California304 words

Opinion

Lead Opinion

MEMORANDUM **

Erik Bonar, his wife Tjoei Lan Wong, and them children, all natives and citizens of Indonesia, seek review of the Board of Immigration Appeals’ decision summarily affirming an immigration judge’s order denying their application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Sael v. Ashcroft, 386 F.3d 922, 924 (9th Cir.2004), and we deny the petition for review.

The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of petitioners’ asylum application, and accordingly we deny petitioners’ asylum claim. See 8 C.F.R. § 1208.4 (a)(4) and (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam).

We deny petitioners’ withholding of removal claim because the record does not compel a finding that the Indonesian government was unable or unwilling to control the perpetrators of the December 1988 robbery and assault, see Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005), and the other incidents do not compel a finding of harm rising to the level of persecution, see Nagoulko v.…

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