Charly Basagok 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
PR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHARLY BASAGOK,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71803
Agency No. A096-496-915
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Charly Basagok, a native and citizen of Indonesia, petitions for review of the
Board of Immigration Appeals’ order summarily affirming an immigration judge’s
(“IJ”) decision denying his application for asylum and withholding of removal.
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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PR/Research 07-71803 2
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence,
Hoxha v. Ashcroft, 319 F.3d 1179, 1182 n.4 (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 Basagok’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).
Substantial evidence supports the IJ’s denial of withholding of removal
because Basagok failed to establish past persecution, see Hoxha, 319 F.3d at 1182,
and because even if the disfavored group analysis set forth in Sael v. Ashcroft, 386
F.3d 922, 927-29 (9th Cir. 2004) applies to Christian Indonesians, Basagok did not
establish a clear probability of persecution in Indonesia, see Hoxha, 319 F.3d at
1184-85.
PETITION FOR REVIEW DENIED.

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