Lawrence Malonda v. Eric Holder, Jr.

Good Law
474 F. App'x 520
United States Court of Appeals for the Ninth CircuitJune 29, 201210-71202California197 words

Opinion

Opinion

MEMORANDUM

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

Hardjooetomo does not argue he suffered past persecution in Indonesia, but fears persecution in the future as an ethnic Chinese Christian. Substantial evidence supports the agency’s determination that, even under a disfavored group analysis, Hardjooetomo did not establish sufficient individualized risk to establish a clear probability of future persecution. See id. at 1066 (“[a]n applicant for withholding of removal will need to adduce a considerably larger quantum of individualized-risk evidence”); see also Hoxha v. Ashcroft, 319 F.3d 1179, 1185 (9th Cir.2003). We reject Hardjooetomo’s request for a remand for the agency to do a disfavored group analysis, because the agency already did it. Accordingly, Hardjooetomo’s withholding of removal claim fails.

PETITION FOR…

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