Johnny Masli v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHNNY MASLI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74432
Agency No. A078-020-251
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Johnny Masli, 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
FILED
JUL 30 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-74432 2
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 circumstances
excused the untimely filing of Masli’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). Accordingly, Masli’s asylum claim fails.
Substantial evidence supports the BIA’s denial of withholding of removal
because Masli’s experiences of threats and a robbery did not rise to the level of
past persecution, see Nagoulko, 333 F.3d at 1016-18, and Masli failed to
demonstrate it is more likely than not he will be persecuted as a moderate Muslim
or as an Americanized Indonesian, see Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85
(9th Cir. 2003).
Substantial evidence also supports the BIA’s determination that Masli is not
entitled to CAT relief because he failed to establish it is more likely than not he
will be tortured if he returns to Indonesia. See Wakkary v. Holder, 558 F.3d 1049,
1068 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.

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B. FLETCHER, concurring:
I specially concur to express my disapproval of the government’s unfair
treatment of aliens who are directed to register under the NSEERS registration
program. Although an alien may be completely law-abiding except for his illegal
presence, the government uses the information provided in the NSEERS registry to
order deportation. This is plain entrapment and unworthy of our government. The
result is that only the most worthy and law-abiding are caught - the least worthy go
free.
FILED
JUL 30 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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