Djoni Chaidir v. Attorney General, 483 F.3d 184, 188-89 3d Cir. 2007 citing 8 U.S.C. § 1252 a 2 D .…

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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 06-2682
____________
DJONI CHAIDIR,
Petitioner
vs.
ATTORNEY GENERAL OF THE UNITED STATES,
Respondent
____________
ON PETITION FOR REVIEW OF AN ORDER
DATED APRIL 17, 2006 OF THE BOARD OF
IMMIGRATION APPEALS
(BIA No. A96-203-997)
Immigration Judge: Charles M. Honeyman
____________
Submitted Under Third Circuit L.A.R. 34.1(a)
September 18, 2007
Before: SLOVITER, SMITH and WEIS, Circuit Judges.
(Filed September 24, 2007)
____________
OPINION
WEIS, Circuit Judge.
Petitioner is a native and citizen of Indonesia and an ethnic Chinese
Buddhist. He overstayed his authorization to remain in the United States on a non-

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immigrant visa. He sought asylum, withholding of removal, and relief under the
Convention Against Torture.
The IJ and the BIA found the request for asylum untimely and held that
petitioner did not show extraordinary circumstances or changed circumstances that
excused the delay. We lack jurisdiction to review that finding because it does not present
a constitutional claim or a question of law. See Jarbough v. Attorney General, 483 F.3d
184, 188-89 (3d Cir. 2007) (citing 8 U.S.C. § 1252(a)(2)(D)).
The IJ and BIA also found that petitioner had not suffered past persecution
or shown a clear probability of future persecution or a likelihood that he would be
tortured if he returned to Indonesia.
Petitioner testified that he had a motorcycle helmet manufacturing business
that went bankrupt as a result of economic conditions following the May 1998 riots in
Indonesia. The business, however, was not physically damaged during the riots.
Petitioner did not provide any evidence that he was personally harassed or subjected to
instances of discrimination or violence while he was in Indonesia.
Petitioner also testified that his parents and two siblings remained in
Indonesia with little trouble. His parents continue to operate separate businesses.
Petitioner described only one incident where his mother was punched after an altercation
with a clothes salesperson, which he speculated may have been motivated by race.

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In sum, petitioner has not provided any evidence of past persecution or a
likelihood of future persecution or torture. Our review of the record persuades us that the
IJ and the BIA did not err in ordering the petitioner’s removal.
Accordingly, the petition for review will be denied.

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