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Simanjuntak v. Holder

Good Law
365 F. App'x 893
United States Court of Appeals for the Ninth CircuitFebruary 23, 201007-73532California332 words

Opinion

Opinion

MEMORANDUM

Marulam Fernando Simanjuntak, 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 for substantial evidence, Hoxha v. Ashcroft, 319 F.3d 1179, 1182, n. 4 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the agency’s conclusion that the harm Simanjuntak suffered in Indonesia did not rise to the level of past persecution. See Mansour v. Ashcroft, 390 F.3d 667, 672-73 (9th Cir.2004); see also Hoxha v. Ashcroft, 319 F.3d at 1182 (unfulfilled threats do not amount to past persecution). In addition, even if the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir.2004) applies to Simanjun-tak, a Batak Christian, he has not demonstrated the requisite individualized risk of persecution. See Hoxha, 319 F.3d at 1184-85 . Further, on the record, Siman-juntak failed to establish a pattern or practice of persecution of Christians…

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