316 F. App'x 583

Verdu PANDAPOTAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 06-75145.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 18, 2009.*

Filed March 3, 2009.

*584Albert C. Lum, Law Offices of Albert C. Lum, Pasadena, CA, for Petitioner.

CAC-District Counsel, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, James A. Hu-nolt, U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: BEEZER, FERNANDEZ, and W. FLETCHER, Circuit Judges.

MEMORANDUM **

Verdu Pandapotan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

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

Substantial evidence supports the BIA’s denial of withholding of removal because Pandapotan’s experiences, considered both individually and cumulatively, did not rise to the level of past persecution. See Na-goulko, 333 F.3d at 1016-18. In addition, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies to Christian Indonesians in the context of withholding of removal, Pandapotan did not establish any individualized risk and consequently failed to establish that it was more likely than not that he will be persecuted if he returns to Indonesia. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir. 2003).

Substantial evidence also supports the BIA’s determination that Pandapotan is not entitled to CAT relief because he failed to establish that it is more likely than not that he will be tortured if he returns to Indonesia. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003).

PETITION FOR REVIEW DENIED.

Pandapotan v. Holder
316 F. App'x 583

Case Details

Name
Pandapotan v. Holder
Decision Date
Mar 3, 2009
Citations

316 F. App'x 583

Jurisdiction
United States

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