Monmoh Dukuray 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NOT FOR PUBLICATION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
MONMOH DUKURAY,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73642
Agency No. A096-146-487
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
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
FILED
JUL 27 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-73642
substantial 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, Dukuray 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.

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