UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1666
ANDI PALGUNADI,
Petitioner,
versus
ALBERTO R. GONZALES,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A72-167-696)
Submitted: January 31, 2007 Decided: February 12, 2007
Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Arnedo S. Valera, LAW OFFICES OF VALERA & ASSOCIATES, Fairfax,
Virginia, for Petitioner. Rod J. Rosenstein, Allen F. Loucks,
Assistant United States Attorney, Baltimore, Maryland, for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Andi Palgunadi, a native and citizen of Indonesia,
petitions for review of an order of the Board of Immigration
Appeals adopting and affirming the Immigration Judge’s (IJ) order
denying his applications for asylum, withholding of removal, and
protection under the Convention Against Torture. Palgunadi
contends that he established eligibility for asylum. As the IJ
concluded that the asylum application was untimely and no
exceptions applied, we find that consideration of his asylum claim
is barred. See 8 U.S.C. § 1158(a)(3) (2000).
Palgunadi also challenges the finding that he failed to
qualify for withholding of removal. “To qualify for withholding of
removal, a petitioner must show that he faces a clear probability
of persecution because of his race, religion, nationality,
membership in a particular social group, or political opinion.”
Rusu v. INS, 296 F.3d 316, 324 n.13 (4th Cir. 2002) (citing INS v.
Stevic, 467 U.S. 407, 430 (1984)). Having conducted our review, we
conclude that substantial evidence supports the finding that
Palgunadi did not establish eligibility for withholding of removal.
We accordingly deny the petition for review. We deny
Palgunadi’s motion to remand and dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
PETITION DENIED
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