Evy Olivia v. Eric Holder, Jr.

Good Law
542 F. App'x 686
United States Court of Appeals for the Ninth CircuitOctober 21, 201312-70527California220 words

Opinion

Opinion

MEMORANDUM

Sumik Tan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

Substantial evidence supports the BIA’s finding that Tan’s experiences, even considered cumulatively,' do not rise to the level of past persecution. See id. at 1059 ; Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (harassment and one beating unconnected with any particular threat did not compel finding of past persecution). Substantial evidence also supports the BIA’s determination that, even under a disfavored group analysis, Tan failed to demonstrate sufficient individualized risk of harm to establish a well-founded fear of future persecution. See Halim v. Holder, 590 F.3d 971, 979-80 (9th Cir.2009). Consequently, her asylum claim fails.

Because Tan failed to demonstrate eligibility for asylum, it follows she did not…

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