Harke Pioh v. Eric H. Holder Jr.

MEMORANDUM

Harke Revind Alwin Ar Pioh, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) determination that he is ineligible for withholding of removal. 8 U.S.C. § 1231 (b). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

Pioh does not appeal the BIA’s determination that he failed to file his asylum application in a timely fashion and that he does not fall within any of the exceptions for time-barred applications. He has therefore waived any challenge to the BIA’s determination that he is ineligible for asylum. See Martinez-Serrano v. INS, 94 F.3d 1256, 1260 (9th Cir.1996).

Substantial evidence supports the BIA’s determination that Pioh was ineligible for withholding of removal. Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir.2001). Pioh testified that he fears persecution both on the basis of his involvement with the Front Kedaulatan Malaku (“FKM”) and his Christian religion. Pioh must establish his eligibility for removal “by adducing credible, direct, and specific evidence in the record of facts” that “compels” the conclu sion that withholding of removal is proper. Molina-Estrada v. INS, 293…