Farley Paul Zeth Turangan 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NOT FOR PUBLICATION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
FARLEY PAUL ZETH TURANGAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74894
Agency No. A078-020-266
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Farley Paul Zeth Turangan, a native and citizen of Indonesia, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for asylum,
withholding of removal, relief under the Convention Against Torture (“CAT”), and
FILED
JAN 19 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. “We
review findings of fact for substantial evidence and questions of law de novo.”
Cortez-Pineda v. Holder, 610 F.3d 1118, 1121 (9th Cir. 2010). We deny in part
and dismiss in part the petition for review.
The record does not compel the conclusion that Turangan filed his asylum
application within a reasonable period of time after any changed circumstance
excusing the delay. See 8 C.F.R. § 1208.4(a)(4); Taslimi v. Holder, 590 F.3d 981,
984–86 (9th Cir. 2010); Husyev v. Mukasey, 528 F.3d 1172, 1181–82 (9th Cir.
2008). Accordingly, we deny the petition as to his asylum claim.
Turangan does not challenge the agency’s finding that he did not suffer past
persecution. See Zetino v. Holder, 622 F.3d 1007, 1011 n.1 (9th Cir. 2010). Even
assuming that Turangan is a member of a disfavored group, the record does not
compel the conclusion that he faces an individualized risk of persecution on
account of his religion. See Lolong v. Gonzales, 484 F.3d 1173, 1181 (9th Cir.
2007) (en banc); cf. also Wakkary v. Holder, 558 F.3d 1049, 1065–66 (9th Cir.
2009) (“An applicant for withholding of removal will need to adduce a
considerably larger quantum of individualized-risk evidence to prevail . . . .”). Nor
does the evidence compel the conclusion that there is a pattern or practice of

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persecution of Seventh Day Adventists in Indonesia such that Turangan need not
demonstrate an individualized risk of harm. See Wakkary, 558 F.3d at 1061–62.
We therefore deny the petition as to his claim for withholding of removal.
Substantial evidence also supports the agency’s determination that Turangan
failed to establish that it is more likely than not that he will be tortured by or with
the acquiescence of government officials if returned to Indonesia. See Wakkary,
558 F.3d at 1068. We therefore deny the petition as to his CAT claim.
Finally, the record “patently belies [Turangan’s] contention that the IJ failed
to render a cumulative analysis of the hardship that removal would inflict on [his]
children.” Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009).
Accordingly, we dismiss the petition for lack of jurisdiction as to Turangan’s
application for cancellation of removal. See id.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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