Wira Reagan Kojongian v. ERIC H. HOLDER, Jr., Attorney General

07-72459Court of Appeals for the Ninth CircuitSep 30, 2010

Full text

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NOT FOR PUBLICATION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
WIRA REAGAN KOJONGIAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-72459
Agency No. A078-020-340
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Wira Reagan Kojongian, a native and citizen of Indonesia, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum and withholding
of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
FILED
SEP 30 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-72459 2
substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and
we deny the petition for review.
The record does not compel the conclusion that Kojongian filed his asylum
application within a reasonable period of time given any changed or extraordinary
circumstances. See 8 C.F.R. §§ 1208.4(a)(4), (5); see also Husyev v. Mukasey, 528
F.3d 1172, 1181-82 (9th Cir. 2008). Accordingly, Kojongian’s asylum claim fails.
Kojongian failed to exhaust any contention that he suffered past persecution.
See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004). Substantial evidence
supports the agency’s finding that Kojongian failed to establish a clear probability
of persecution in Indonesia because he presented no evidence that he was
personally targeted, Lolong v. Gonzales, 484 F.3d 1173, 1180-81 (9th Cir. 2007)
(en banc), and his parents, who are Christian pastors, both remain in Indonesia
without harm, see Hakeem v. INS, 273 F.3d 812, 816-17 (9th Cir. 2001). Further,
substantial evidence also supports the agency’s finding that Kojongian failed to
establish a pattern or practice of persecution against Christians in Indonesia. See
Wakkary, 558 F.3d at 1061-62. Accordingly, Kojongian’s withholding of removal
claim fails. See Hoxha v. Ashcroft, 319 F.3d 1179, 1184-85 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.

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