Massie v. Holder

FILED
NOT FOR PUBLICATION JUN 02 2010

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

FERDINAND MASSIE, No. 07-73523

Petitioner, Agency No. A095-635-811

v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted May 25, 2010 **

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

Ferdinand Massie, a native and citizen of Indonesia, petitions pro se for

review of the Board of Immigration Appeals’ order dismissing his appeal from an

immigration judge’s decision denying his application for asylum, withholding of

removal, and protection under the Convention Against Torture (“CAT”). We have

*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual

findings. Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir. 2008). We deny the

petition for review.

The record does not compel the conclusion that extraordinary circumstances

excused Massie’s untimely filed asylum application. See 8 C.F.R. § 1208.4(a)(5);

Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir. 2007) (per curiam).

In his opening brief, Massie does not challenge the agency’s adverse

credibility determination, which is dispositive of his withholding of removal claim.

See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not

specifically raised and argued in an opening brief are waived). Accordingly, his

withholding of removal claim fails. See Farah v. Ashcroft, 348 F.3d 1153, 1156

(9th Cir. 2003).

Further, because Massie does not challenge the agency’s adverse credibility

determination, and he does not point to any evidence in the record indicating it is

more likely than not he will be tortured if he returns to Indonesia, his CAT claim

fails. See id. at 1156-57.

PETITION FOR REVIEW DENIED.

2 07-73523