U.S. Court of Appeals for the Ninth Circuit, 2012

Monmoh Dukuray v. Eric Holder, Jr.

Monmoh Dukuray v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 27, 2012 · Schroeder, Thomas, Silverman
475 F. App'x 200

Monmoh Dukuray v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Monmoh Dukuray, a native and citizen of Sierra Leone, 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 and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial *201 evidence factual findings. Sowe v. Mukasey, 538 F.3d 1281, 1285 (9th Cir. 2008). We deny the petition for review.

The record does not compel the conclusion that Dukuray established changed or extraordinary circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4(a)(4), (5). Accordingly, his asylum claim, including his claim for humanitarian asylum, fails.

Substantial evidence supports the agency’s finding that, even if credible, and even if he established past persecution, Duku-ray failed to establish eligibility for relief due to changed country conditions. See Sowe, 538 F.3d at 1286 (evidence of fundamental changes in Sierra Leone rebutted the presumption of a fear of future persecution).

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.