Leonard Oroh v. Eric H. Holder Jr.

Good Law
446 F. App'x 857
United States Court of Appeals for the Ninth CircuitAugust 9, 201108-73315California331 words

Opinion

Opinion

MEMORANDUM

Leonard Oroh, a native and citizen of Indonesia, 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, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

In his opening brief, Oroh does not challenge the agency’s dispositive finding that his asylum application is time-barred or the denial of his CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived). Accordingly, Oroh’s asylum and CAT claims fail.

With respect to withholding of removal, Oroh does not argue that he suffered past persecution in Indonesia, but he contends he will be persecuted in the future. Even under the disfavored group analysis, Oroh did not demonstrate the requisite individualized risk. See Halim v. Holder, 590 F.3d 971, 979 (9th Cir.2009)…

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