Freddy Tjiudiningrat v. Eric Holder, Jr.

MEMORANDUM

Petitioners Freddy Tjiudiningrat, Ju-lientje Matindas, Ferli Sutiawan, and Jon athan Ferdinand, natives and citizens of Indonesia, petition for review of a final order of the Board of Immigration Appeals (“BIA”) denying their petition for withholding of removal.

We review the BIA’s factual findings for substantial evidence. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). For the reasons below, we deny the petition for review.

To qualify for withholding of removal “under the disfavored group approach, an applicant ... must show that his chance of future persecution is greater than fifty percent,” or more likely than not. Wakkary, 558 F.3d at 1065 . An asylum applicant, by contrast, need show only “a ten percent chance of future persecution.” Id. at 1052 ; see also Sael v. Ashcroft, 386 F.3d 922, 926 (9th Cir.2004). “[A]n applicant for withholding ... [therefore] need[s] to adduce a considerably larger quantum of individualized-risk evidence to prevail than would an asylum applicant ... because the ultimate bar for withholding is higher.” Wakkary, 558 F.3d at 1066 .

Among other modes of proof, “a withholding applicant may demonstrate that his fear of future…