U.S. Court of Appeals for the Ninth Circuit, 2009

Basagok v. Holder

Basagok v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided December 16, 2009 · Alarcón, Trott, Tashima
358 F. App'x 939

Basagok v. Holder

Opinion

MEMORANDUM **

Charly Basagok, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Hoxha v. Ashcroft, 319 F.3d 1179, 1182 n. 4 (9th Cir. 2003), and we deny the petition for review.

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

Substantial evidence supports the IJ’s denial of withholding of removal because Basagok failed to establish past persecution, see Hoxha, 319 F.3d at 1182, and because 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, Basagok did not establish a clear probability of persecution in Indonesia, see Hoxha, 319 F.3d at 1184-85.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.