Muchdy Aldjokja v. Eric Holder, Jr.

Good Law
542 F. App'x 633
United States Court of Appeals for the Ninth CircuitOctober 18, 201318-16012California380 words

Opinion

Opinion

MEMORANDUM

Muchdy Aldjokja, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and we deny the petition.

In his application for withholding of removal, Aldjokja claimed that he was subject to past persecution in Indonesia because of his Chinese ethnicity and association with Christians. Substantial evidence supports the BIA’s finding that even presuming Aldjokja suffered past persecution, his presumption of future persecution has been rebutted by a fundamental change in country conditions. See 8 U.S.C. § 1252 (b)(4)(B); 8 C.F.R. § 1208.16 (b)(1)(i)(A). The State Department’s 2005 Country Report indicates that there is ongoing discrimination against and harassment of ethnic Chinese in Indonesia, but there has been only one instance of targeted anti-Chinese violence since 1998. The record also estab lishes that religious violence in Indonesia is sporadic and limited to specific geographic regions.…

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